Expanding Access to Nonlawyer Representation in Agency Adjudications
ACUS recommends allowing nonlawyers to represent parties in agency adjudications.
Toward a More Accessible and Accountable Administrative State
ACUS recommends best practices for nonlawyer representation, AI tools, and public participation in rulemaking.
Participation of Senate-Confirmed Officials in Administrative Adjudication
A new report to ACUS makes recommendations for how Senate-confirmed officials should participate in adjudication.
Seeking Continuous Improvement to the Administrative Process
ACUS identifies best practices for agency guidance, adjudications, and responses to constituent service requests.
The Flaws in Jarkesy and Why Certain Civil Penalties May Survive
Scholar argues that civil penalties under environmental laws may survive Seventh Amendment challenges.
SEC Adjudication of Securities Fraud Held Unconstitutional
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
What Is Left of Agency Adjudication After Jarkesy?
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
The Supreme Court’s 2023-2024 Regulatory Term
Scholars and practitioners assess the Court’s most significant regulatory decisions of its recently concluded term.
Improving Timeliness in Agency Adjudication
Agencies should investigate the factors affecting adjudication timeliness and subsequently adopt the appropriate ACUS recommendations for improvement.
ACUS Adopts Recommendations For Best Practices in Informal Adjudication
A new recommendation aims to improve fairness of federal administrative adjudication.
A Right to a Better Decision
Public preferences for human decisions may give way in time to calls for governmental decisions made by artificial intelligence.
Building Empathy Into an Automated State
A government that increasingly operates on the basis of artificial intelligence will still need to supply human empathy.