Administrative Procedure

To Be Agile, Think Pragmatically

To Be Agile, Think Pragmatically

Recent efforts to promote agile governance have deep roots in American pragmatism.

Putting the U.S. Administrative Procedure Act in Perspective

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 Procedure Acts in Latin America

Administrative law faces unique challenges in Latin American “paper leviathans.”

Policymaking Accountability and the Emerging Authoritarian State

Policymaking Accountability and the Emerging Authoritarian State

Changing norms about administrative appointments raise concerns about procedural fairness and accountability.

Policymaking Accountability in Nation States and International Bodies

Policymaking Accountability in Nation States and International Bodies

Robust efforts to include the public in rulemaking are key to increasing democratic accountability.

Administrative Procedure in Europe

Administrative Procedure in Europe

Comparative law scholars uncover similarities and differences in administrative procedure across Europe.

Can Courts Stop Hearing Processes Where the Agency Always Wins?

Can Courts Stop Hearing Processes Where the Agency Always Wins?

The Supreme Court will hear an important challenge to agency decision-making.

Using Technology and Contractors in the Administrative State

Using Technology and Contractors in the Administrative State

Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.

Nostalgia for Agency Expertise

Nostalgia for Agency Expertise

Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.

Improving Transparency and Administrative Accountability

Improving Transparency and Administrative Accountability

ACUS issues recommendations to improve administrative governance.

The Biden Administration Should Not Sunset the Sunset Rule 

The Biden Administration Should Not Sunset the Sunset Rule 

Repealing the Sunset Rule would burden small businesses and violate the law.

The Appointment and Removal Litigation Ecosystem

The Appointment and Removal Litigation Ecosystem

Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.