Administrative Procedure Act

Laying Down the Law on Rule Delays

Recent judicial decisions help clarify the legality of rule freezes after a change in administration.

Headless Agency Adjudication at the Patent Office

Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.

Learning What Works in Regulation

ACUS recommends agencies take steps to study the impacts of their rules.

Using Plain Language to Draft Regulations

ACUS recommendation offers suggestions for making the language of agency documents more accessible.

Understanding and Addressing Controversies About Agency Guidance

Experts weigh in on recent report and ACUS recommendation on agency guidance.

Guidance and the Congressional Review Act

Congress faces issues in attempting to apply regulation-removing law to agency guidance.

Getting Back to the Basics with Agency Rulemaking

The United States needs a bipartisan push to bring transparency and accountability back into the rulemaking process.

Should We Run Agencies More Like Businesses?

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

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.

Achieving Agency Compliance

Scholar examines the role of contempt findings in ensuring agency compliance with court orders.

A Wolf in Sheep’s Skin

The Early Participation in Regulations Act will further complicate the rulemaking process.

Giving the Platypus of Formal Rulemaking a Second Look, Again

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