New ACUS Project on Aggregate Agency Adjudication

by Chris Walker — Friday, June 12, 2015@chris_j_walker

The Administrative Conference of the United States (ACUS) just announced a new project they’ve commissioned, entitled Aggregate Agency Adjudication. The consultants on this project are Adam Zimmerman and Michael Sant’Ambrogio, and it builds on their terrific article The Agency Class Action, 112 Colum. L. Rev. 1992 (2012). Here’s a description of the project, from the ACUS project page:

The Conference is studying the recent efforts by agencies to aggregate administrative proceedings. Currently, very little is known about: (1) how agencies choose the cases appropriate for aggregation, (2) which aggregation tools agencies use, (3) the successes and failures of aggregation programs, (4) how often agencies employ aggregation procedures, and (5) other types of proceedings in which different aggregation tools might facilitate more expeditious and fair handling of large groups of claims. Among other things, the project will address the following questions:

What is the frequency of agency aggregation?

What types of administrative proceedings are appropriate for aggregation?

What types of aggregation mechanisms are most useful for agencies?

What are the obstacles, challenges, and concerns relating to aggregation?

What is the relationship of agency aggregation to rulemaking?

Should aggregation be expanded, and if so, how?

I look forward to reading the report and recommendations next year. Meanwhile, I just completed a full week of interviews with agency officials for my ACUS project on the role of federal agencies in the legislative process . I expect to have a draft of the report and recommendations ready by the fall.

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About Chris Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the Michigan Law Review, Minnesota Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and on the Governing Council for the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

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