APA

Some Doubts About the Duty of Reasoned Decision-Making

Some Doubts About the Duty of Reasoned Decision-Making

The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.

Substance, Procedure, Reasoned Decision-Making, and the President

Substance, Procedure, Reasoned Decision-Making, and the President

Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.

The Future of the Duty to Engage in Reasoned Decision-Making

The Future of the Duty to Engage in Reasoned Decision-Making

The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making

The Uncertain Future of Hard Look Review

The Uncertain Future of Hard Look Review

Scholars debate whether the duty to engage in reasoned decision-making should be reconsidered.

Trade, Economic Security, and Presidential Power

Trade, Economic Security, and Presidential Power

Scholars argue that Congress should act to halt expanded presidential trade power.

The Case Against Rollback Exceptionalism

The Case Against Rollback Exceptionalism

OMB’s recent memo fails to make a successful case for deregulation.

Promoting Public Participation in Agency Adjudication

Promoting Public Participation in Agency Adjudication

ACUS recommends best practices to enhance public participation in policymaking by adjudication.

Making Agency Investigations More Effective and Transparent

Making Agency Investigations More Effective and Transparent

ACUS recommends best practices for fair and efficient administrative investigations.

Evaluating FDA Preemption of State Drug Regulation

Evaluating FDA Preemption of State Drug Regulation

Scholars argue that federal drug agency actions should take precedence over conflicting state regulations.

Lack of Coordination Threatens Environmental Policy

Lack of Coordination Threatens Environmental Policy

Without interagency and intergovernmental cooperation under NEPA, environmental outcomes will suffer.

Judicial Remedies After CASA

Judicial Remedies After CASA

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

Improving the Administrative State

Improving the Administrative State

Matthew Lee Wiener discusses his career in public service and current challenges facing the administrative state.