Cataloging and Clarifying Judicial Review Statutes
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.
Priorities and the State of Implicit Bias in Crimmigration
Written immigration enforcement priorities might promote transparency but still might not address inequities.
Balancing Public Engagement and Agency Action in a Changing World
Regulators facing challenges such as climate change must balance obtaining public input with acting effectively.
Reimagining the Public’s Role in Agency Rulemaking
Congress should tailor the notice-and-comment process for more meaningful public participation.
Public Input in Rulemaking
Public comments allow agencies to understand the perspectives of those who regulations are intended to benefit.
Democracy, Rulemaking, and Outpourings of Comments
Scholars and policymakers should recognize the democratic benefits of public comments.
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
Scholars explain how courts have interpreted the Administrative Procedure Act to overlook racial discrimination.
Improving Participation, Impact, and Fairness in the Administrative State
ACUS issues new recommendations to enhance administrative governance.
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.
The Universal Injunction Debate
Can a single judge lawfully prevent the entire government from enforcing a regulation?