Administrative Law

The Value of Public Participation in Rulemaking

Appearing before agencies affords the public an important opportunity to have a genuine impact on the law.

The Public’s Role in Administrative Law

Public participation in the rulemaking process serves a vital role in improving the law.

The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking

Administrative agencies should not be required to use a process that has been obsolete for decades.

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

The Supreme Court’s 2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

An Empirical Analysis of the Establishment of Independent Agencies

A divided government may not fully explain the creation of agencies not directly controllable by the President.

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

A Look at States’ Roles in Administrative Constitutionalism

Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.

The Ongoing Rise of Good Governance in China

Influenced by American and Western practices, China continues to produce governmental innovations.

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Donald Trump’s Unconstitutional Executive Order on Regulations

President Trump’s “one-in, two-out” mandate is irrational and violates the Constitution.

Will Congressional Review Act Repeals Change Agency Behavior?

The Trump Administration’s embrace of a seldom-used law may undermine future regulatory efforts.