Administrative State

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.

The Past and Present of Racism in the Administrative State

The Past and Present of Racism in the Administrative State

Creating an anti-racist administrative state requires confronting and dismantling historic, systemic racism.

Racism, Regulation, and the Administrative State

Racism, Regulation, and the Administrative State

Leading scholars address the ways in which racism pervades the modern administrative state and legal profession.

The Administrative State Is Neglecting Regulatory Benefits

The Administrative State Is Neglecting Regulatory Benefits

Scholar argues for regulatory reforms grounded in an intense focus on net benefits.

Is Most of the Federal Government Unconstitutional?

Is Most of the Federal Government Unconstitutional?

The academic debate over the history and the future of the nondelegation doctrine is far from over.

Administrative Constitutionalism’s Lessons

Administrative Constitutionalism’s Lessons

The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.

The Semi-Autonomous Administrative State

The Semi-Autonomous Administrative State

Administrative law should move past its dichotomous debate over agency independence.

Headless Agency Adjudication at the Patent Office

Headless Agency Adjudication at the Patent Office

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

Let’s Be Real About Trump’s First Year in Regulation

Let’s Be Real About Trump’s First Year in Regulation

Claims that the Trump Administration has radically reduced regulation are simply not true.

On Immigration, Trump Is No Deregulator

On Immigration, Trump Is No Deregulator

The Trump Administration has significantly increased regulation of immigration—to the nation’s detriment.

Trump, EPA, and the Anti-Regulatory State

Trump, EPA, and the Anti-Regulatory State

Ideological polarization and regulatory capture have made 2017 a bad year for EPA.

What A Difference A Year Makes

What A Difference A Year Makes

Americans should applaud President Trump for rolling back Obama Administration overreach.