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
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 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
Scholars debate whether the duty to engage in reasoned decision-making should be reconsidered.
Trade, Economic Security, and Presidential Power
Scholars argue that Congress should act to halt expanded presidential trade power.
The Case Against Rollback Exceptionalism
OMB’s recent memo fails to make a successful case for deregulation.
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
ACUS recommends best practices for fair and efficient administrative investigations.
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
Without interagency and intergovernmental cooperation under NEPA, environmental outcomes will suffer.
Judicial Remedies After CASA
After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.
Improving the Administrative State
Matthew Lee Wiener discusses his career in public service and current challenges facing the administrative state.











