Getting information about federal spending–a key consideration in policymaking–just got a whole lot easier. The Digital Accountability and Transparency Act of 2014 (DATA Act) required federal agencies to use a standardized data format to report spending information. The goal was to make the information more readily available and useful, thereby improving transparency and oversight. The Office of […]
For your weekend reading pleasure, I offer my latest article, The Agency Declaratory Judgment, which is now available on SSRN and is forthcoming in the Ohio State Law Journal. The article examines a useful provision of the APA with which you may be unfamiliar (really!). That provision is 5 U.S.C. 554(e). It states that an agency “with like effect as […]
Political control of administrative agencies is a hot topic these days. And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture. Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]
The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed. The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]
Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech. Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]
The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed. The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]
The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June. These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]
At its 66th Plenary Session, held December 13th and 14th, 2016, the Administrative Conference adopted four new recommendations. From the Federal Register notice, which is on public inspection today, these four recommendations include: Recommendation 2016-3, Special Procedural Rules for Social Security Litigation in District Court. This recommendation encourages the Judicial Conference of the United States to develop […]
Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations […]
The Administrative Conference has released the agenda for its 66th Annual Plenary Session, which will be held on Tuesday, December 13 (from 1:00 pm to 5:30 pm) and Wednesday, December 14 (from 9:00 am to 12:00 pm). Proposed recommendations on four subjects will be under consideration. From the Federal Register notice on public inspection today: Social […]
Over the next week or so, we will be hosting an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice ahead of this year’s presidential election. The symposium will feature posts from a wide diversity of administrative […]
The ABA Section of Administrative Law and Regulatory Practice has just released its 2016 Report to the President-Elect on Improving the Administrative Process. In keeping with its practice in previous election years, the Section has delivered the report to the transition teams of the two major party candidates for President. I had the good fortune of working […]
This fall, the Administrative Conference’s committees are working on a full slate of projects targeted for completion at the 66th Plenary Session, which will be held in December 2016. These projects include: (1) The Ombudsman in Federal Agencies; (2) Informal Agency Adjudication; (3) Public-Private Partnerships; (4) Self-Represented Parties in Administrative Hearings; and (5) Social Security Administration […]
I am delighted to join the lineup of regular bloggers at the Yale Journal on Regulation. One contribution I will make to the blog will be an ongoing series, entitled Administrative Conference Update, which will highlight new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of […]