*This is the tenth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. To conclude this symposium, I’ve been asked to describe recommendations of the Administrative Conference of the United States (ACUS) that bear on the decisional independence of federal agency adjudicators. While this post describes […]
*This is the ninth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. There is a growing concern in administrative law circles, and especially among administrative law judges and other agency adjudicators, that the decisional independence of agency adjudicators is increasingly being threatened. At least formally, […]
*This is the eighth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. **The following article, aside from including recent updates, was published on this blog on December 23, 2019. To Justice Breyer’s chagrin, the Court in Lucia v. SEC and Free Enterprise Fund v. PCAOB […]
*This is the seventh post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Professor Emily Bremer, the organizer of this symposium on the decisional independence of administrative adjudicators, remarked in her Introduction to the symposium that the “APA’s regime for ensuring the impartiality and decisional independence […]
*This is the sixth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. United States v. Arthrex is an Appointments Clause case that reads like a Vesting Clause case. Its shifting analytical frames and splintered alliances leave an important question unresolved: will the Court now […]
Richard W. Parker was a brilliant lawyer, an accomplished teacher and scholar, and a valued member of the administrative law community. He cared deeply about people—foremost his family, about whom he spoke lovingly, and about all others with whom he interacted. Richard’s concern for others is reflected well in the remembrances that have been assembled […]
Last October, the UConn Law community was rocked by the loss of Richard Parker. I want to thank the Yale Journal on Regulation for establishing this series, collecting these remembrances, and inviting me to participate. In the classroom, Richard was a well-liked and effective teacher; among the faculty, he was a brilliant scholar and a […]
*This is the fifth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. As Professor Michael Rappaport and other scholars have observed, agencies currently maintain an excessive degree of power and discretion to internally adjudicate agency enforcement actions. Professor Rappaport has proposed the creation of […]
*This is the fourth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In an earlier post in this symposium, Rick Levy and Rob Glicksman (hereinafter L&G) endorse the concept of a federal central panel for administrative adjudication. Their post draws upon an article that the […]
I had the privilege to meet Richard Parker in the early days of the negotiations of the Transatlantic Trade and Investment Partnership (TTIP), possibly the most ambitious, though ultimately aborted, “new generation” trade agreement between the United States and the European Union. While this was only the start of our friendship, it laid the groundwork […]
*This is the third post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. One of the troubling aspects of the modern administrative state is that administrative adjudications violate the separation of powers—either understood as the Constitution’s original meaning or as a political principle. Yet, this […]
*This is the second post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Immigration law is the poster child for the need for greater decisional independence in agency adjudication. Take, for example, the politicized hiring of immigration judges, executive branch interference in a pending case, […]
*This is the tenth and final post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. I am deeply indebted to Christina Koningisor for organizing this incredible line-up of contributors to engage with my new book, Saving the Freedom of Information Act. The responses to […]
I’m honored to participate in this symposium on the legacy of Richard Parker. Richard’s academic reputation is well justified. Unfortunately, I never got to know Richard, but I respected him. After his untimely passing, however, I learned something that I didn’t know before: Richard was a doer — not just a scholar — of administrative […]
I met Richard Parker at a meeting of the American Bar Association Section of Administrative Law and Regulatory Practice, when Richard made a presentation to the Section on cost-benefit analysis, a critical part of the rulemaking process. The presentation was well received, and he found many new friends in the audience who appreciated his experience […]