The Tariff Case and the Major Questions Doctrine
After Learning Resources, the major questions doctrine appears more tenuous.
AI as “Arbitrary” Intelligence
Federal Agencies’ growing use of AI raises questions about how judges can adequately review those agencies’ decisions.
Obtaining Government Records
ACUS recommends best practices for improving private citizens’ access to government records.
When Law Speaks Loudest
Circumventing notice and comment during rulemaking can weaken the evidentiary basis for regulation.
Administrative Law and AI’s Overconfidence
Although artificial intelligence can support many tasks, officials should beware of overly confident results.
The End of the Chevron Era
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
The Court Reaffirms that Agencies Cannot Rewrite Laws
New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.
The Supreme Court’s Self-Coronation
The U.S. Supreme Court’s current docket presents the Court with more opportunities to empower itself at the expense of other governmental institutions.
Putting the U.S. Administrative Procedure Act in Perspective
Efforts to modernize the APA should be approached with caution.
Administrative Procedure Acts in Latin America
Administrative law faces unique challenges in Latin American “paper leviathans.”
Cataloging and Clarifying Judicial Review Statutes
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.