This post is intended to update you on a new Administrative Conference recommendation and to ask for your assistance in expanding the research underlying that recommendation. At the December plenary session, ACUS adopted Recommendation 2016-4, “Evidentiary Hearings Not Required By The Administrative Procedure Act.” The underlying premise of Rec. 2016-4 is that there are three […]

With Republicans in control of the House, Senate, and the Presidency, they will try to pass many of their long desired proposals. However, with a narrow Senate majority and a Senate history of providing enhanced rights to the minority party, Senate Republicans will have to try nearly every legislative trick in the book to pass […]

As 2016 staggers to a close, a regulatory kerfuffle in California underscores two things about the sharing economy. First, the sharing economy – companies that provide digitally intermediated, peer-to-peer rental of goods and purchase of services – is not just a tech-bubble fad, but an increasingly integral and innovative part of the mainstream economy. Second, […]

In addition to sending robust recommendations to President-elect Donald Trump’s transition team on administrative law issues for the new administration to consider, the ABA Section of Administrative Law and Regulatory Practice (“Section”) also recently sent several recommendations for potential research projects to the Administrative Conference of the United States (“ACUS”). These recommendations are very timely […]

In this era of gridlock and difficult politics, a bipartisan group of Senators has done something worth celebrating. On Monday, with the introduction of the Daniel Webster Congressional Clerkship Act, S. 3499, the Senate has taken the first step not only toward busting the judicial clerkship monopoly on mentoring fresh young law graduates but also […]

In this post-election climate, one wonders how some of the most important legal issues of the current administration will be addressed in the years to come. One in particular that appears to be garnering less media attention than others pertains to the fate of the Dodd-Frank whistleblower program, specifically whether the momentum that has built […]