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
ACUS issues new recommendations to enhance administrative governance.
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
The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.
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
The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.
Heavy on the “Mayo,” But No Hot Sauce
CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.
Returning to Agency Deference in Communications Law
With its Prometheus decision, the U.S. Supreme Court centered agency deference in reasonableness.
The Supreme Court’s “Exceptional” Term
Several of the Supreme Court’s recent decisions bolster agency power to alleviate regulatory obligations.
The Supreme Court’s 2020-2021 Regulatory Term
Scholars discuss some of the Court’s most significant regulatory decisions.
Should Regulatory Violations Ever Be Criminal Offenses?
Scholar argues that delegation of criminal authority is less dangerous to the public than critics claim.
Celebrating the 75th Anniversary of the APA
From the New Deal to the present, the Administrative Procedure Act has been the foundation of administrative law.











