Administrative Law

Top Contributor Essays of 2021

Top Contributor Essays of 2021

The Regulatory Review highlights the top essays written by our contributors in 2021.

The 2021 Regulatory Year in Review

The 2021 Regulatory Year in Review

The Regulatory Review presents its top essays from the past year.

Rejecting Two-Faced Explanations by Agencies

Rejecting Two-Faced Explanations by Agencies

Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.

The APA’s Antidiscrimination Failure

The APA’s Antidiscrimination Failure

Scholars explain how courts have interpreted the Administrative Procedure Act to overlook racial discrimination.

A Local Lens on Administrative Law

A Local Lens on Administrative Law

Scholar brings the focus of administrative law to the level of municipal government.

Regulatory Comments and the Major Questions Doctrine

Regulatory Comments and the Major Questions Doctrine

Courts should not rely on the number of public comments to assess the legality of regulations.

Increasing Early, Transparent Consideration of Regulatory Alternatives

Increasing Early, Transparent Consideration of Regulatory Alternatives

Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.

Improving Participation, Impact, and Fairness in the Administrative State

Improving Participation, Impact, and Fairness in the Administrative State

ACUS issues new recommendations to enhance administrative governance.

Assessing Stigler’s Economic Theory of Regulation

Assessing Stigler’s Economic Theory of Regulation

Despite its flaws and limitations, Stigler’s seminal article on the theory of economic regulation offers important lessons.

Applying the Takings Clause to Regulatory Access

Applying the Takings Clause to Regulatory Access

The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.

The Appointment and Removal Litigation Ecosystem

The Appointment and Removal Litigation Ecosystem

Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.

Expanding Presidential Influence on Agency Adjudication

Expanding Presidential Influence on Agency Adjudication

The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.