*This is the introduction to a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In the 75 years since Congress enacted the Administrative Procedure Act (APA), administrative adjudication has slid slowly but inexorably into crisis. Myriad forces have combined to undo the statute’s most crucial component: its […]
I joined the Notice & Comment team five years ago* and started doing a regular series reporting on the goings-on at the Administrative Conference of the United States (ACUS). I’ve really enjoyed the opportunity to alert you, dear reader, to ACUS’s important work. But I must admit that my bandwidth for the series has become […]
*This is the eighth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. The President’s power over the administrative state is typically understood as the power to direct executive branch agencies and officials to act in accord with the […]
ACUS is hosting a multi-day, virtual Forum on Underserved Communities and the Regulatory Process this November. Leading policymakers, community advocates, and other experts will discuss underserved communities’ participation in the processes, including rulemaking and adjudication, by which federal agencies make regulatory policies. The forum will address Executive Order 13985, which requires federal agencies to “pursue a comprehensive approach to advancing equity for […]
ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]
As I’ve noted previously, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, August 25 at 8:30 pm Eastern to discuss Noah Rosenblum’s new article, The Antifascist Roots of Presidential Administration, which is forthcoming in the Columbia Law Review. The discussion will begin with Noah, […]
As I noted last month, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, July 28 at noon Eastern to discuss my forthcoming Washington University Law Review article, The Rediscovered Stages of Agency Adjudication. It’ll make you see APA adjudication in a whole […]
Over the past two days, I’ve posted a mini-symposium of separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The third and final contribution comes from Senior Fellow Richard J. Pierce, Jr. (GW Law) (it is an abbreviated version of a statement that is on the ACUS website): […]
Yesterday, I posted the first of three separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The second statement comes from Senior Fellow Nina A. Mendelson (Michigan Law): This Recommendation, the product of much hard work, will help guide agencies managing mass comments and addressing falsely attributed […]
As I noted yesterday, ACUS’s newly adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments generated three separate statements. Separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws (Section 302.6(d)(1)). They are relatively rare and typically used to register disagreement with a recommendation the Assembly has voted to […]
At its 74th Plenary Session in June, the Assembly of the Administrative Conference of the United States adopted four new recommendations. One of these (Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments) provoked three (!) separate statements, from Senior Fellows Randy May, Nina Mendelson, and Dick Pierce. The dialogue offers a fascinating window into […]
For those interested in new scholarship in constitutional and administrative law, Neysun Mahboubi has organized a summer discussion series on the Law and Governance channel on Clubhouse. The first event is tomorrow, June 30 at 8:30 pm EDT. Calvin Terbeek will be in the hot seat, discussing his new article in the American Political Science […]
The APA celebrates its 75th birthday on June 11, and ACUS is celebrating with a series of essays running all this week. Head over to the ACUS blog, Administrative Fix, to join the party!* Cribbing from ACUS, the essays will include the following: ACUS General Counsel Shawne McGibbon introduces the series in The APA at 75: The APA-ACUS […]
The Administrative Conference of the United States will hold its 74th Plenary Session on Thursday, June 17th from 9:30 am to 5:00 pm. The event will be held virtually. Up on deck for the Assembly‘s consideration are five proposed recommendations. Information and documents for all five projects are available below. Members of the public can […]
In case you missed it, May was Public Service Recognition Month here at Notice & Comment. We published tributes to an amazing group of public servants: A Tribute to Judge H. Alexander Manuel, by Patricia B. Miles The Example of Ingrid Schroffner: Any Exemplary Government Lawyer, Advocate for Diversity, and Mentor, by Renée M. Landers […]