A Small Win for Agency Adjudication
The Supreme Court upholds a high-stakes adjudication system, but important constitutional questions remain.
Preserving the Adjudicative Capacity of Non-Article III Tribunals
After Trump v. Slaughter, can non-Article III tribunals survive presidential control?
Improving Agency Adjudication Offices
ACUS recommends steps to promote fairness and consistency within the adjudication offices of federal agencies.
Advancing Best Practices in Federal Administration
ACUS recommends best practices for adjudication offices, government records, temporary rules, and intergovernmental collaboration.
Lessons from Mexico’s Public Information Reforms
Scholar discusses how Mexico’s transparency reforms may provide a path forward to improving access to public information in the United States.
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.