Administrative Law

Obligation Alleviation During the COVID-19 Crisis

Obligation Alleviation During the COVID-19 Crisis

The most surprising regulatory dimension of the coronavirus crisis may center on the lifting of rules.

Incomprehensibility and the Law

Incomprehensibility and the Law

The law needs not only to correct information asymmetries but comprehension asymmetries too.

Creating Incentives for Regulatory Comprehensibility

Creating Incentives for Regulatory Comprehensibility

Scholars comment on a new book that advocates greater simplicity and clarity in the expression of laws and regulations.

Procuring the Algorithmic State With Better Policy Analysis

Procuring the Algorithmic State With Better Policy Analysis

Scholars assert that government agencies need a policymaking mindset when purchasing machine learning technology.

A Reply to Our Interlocutors

A Reply to Our Interlocutors

A response to a lively debate on the modern administrative state.

Punishing the Innocent

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

Delegation and Time … and Staff

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

How Long is Too Long for Legislative Delegation?

How Long is Too Long for Legislative Delegation?

The temporal problem of delegation is rooted in empirical evidence.

Reviving Congress’s Ambition

Reviving Congress’s Ambition

Regular reauthorization of statutes can fix congressional delegation’s temporal problem.

Reinvigorating Congressional Reauthorization

Reinvigorating Congressional Reauthorization

Leading scholars debate proposal for Congress to sunset its statutes and require reauthorization.

Is Most of the Federal Government Unconstitutional?

Is Most of the Federal Government Unconstitutional?

The academic debate over the history and the future of the nondelegation doctrine is far from over.