Administrative Procedure Act

Democracy, Rulemaking, and Outpourings of Comments

Democracy, Rulemaking, and Outpourings of Comments

Scholars and policymakers should recognize the democratic benefits of public comments.

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.

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.

Should Regulatory Violations Ever Be Criminal Offenses?

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

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

The Universal Injunction Debate

Can a single judge lawfully prevent the entire government from enforcing a regulation?

Putting the Fizz Back Into Bureaucratic Justice

Putting the Fizz Back Into Bureaucratic Justice

In a recent book, Cass Sunstein and Adrian Vermeule defend the administrative state against political threats and growing distrust.

EPA, Explain Yourself

EPA, Explain Yourself

Scholar advocates using the Administrative Procedure Act to address EPA’s inter-regulatory contradictions.

The Midnight Regulation to End Regulations

The Midnight Regulation to End Regulations

HHS proposes to sunset thousands of regulations, endangering the public and the health care industry.

Will Deregulation in Health Care Become the New Normal?

Will Deregulation in Health Care Become the New Normal?

The Trump Administration’s deregulatory response to COVID-19 is temporary and will not have a lasting impact on U.S. health care.

DACA and the Limits of Good Governance

DACA and the Limits of Good Governance

Administrative law principles led the Supreme Court to deliver a victorious but unsatisfying and uncertain conclusion for migrants.