Blog - Administrative Fix

Submitted by Frank Massaro on March 5, 2018 - 10:51 am EST

This article was authored by Nicholas Parrillo, Professor of Law at Yale Law School, and Lee Liberman Otis, Senior Vice President and Director of the Federalist Society's Faculty Division.

This article first appeared in the Regulatory Review's series on "Five Recommendations...

Submitted by Gisselle S. Bourns on February 7, 2018 - 1:47 pm EST

The first edition of ACUS’s Sourcebook of United States Executive Agencies, published in 2012, filled a significant gap in the public’s...

Submitted by Gavin Young on January 30, 2018 - 4:29 pm EST

In the last several sessions of Congress, Members of Congress from both political parties have introduced a large number of bills designed to amend or overhaul certain aspects of the federal administrative state. Among other things, these bills would increase Congressional oversight over...

Submitted by Todd Rubin on January 25, 2018 - 2:35 pm EST

Regulators must be mindful of a number of requirements as they seek to issue regulations. These requirements stem from executive orders, statutes, and Office of Management and Budget (OMB) guidance. As ACUS has...

Submitted by Frank Massaro on January 17, 2018 - 10:26 am EST

This article was co-authored by Michael Asimow, Professor of Law at Stanford Law School, and Francis Massaro, Attorney Advisor at ACUS

While much attention on agency adjudication focuses on hearings involving Administrative Law Judges (ALJs) under the Administrative Procedure Act...

Submitted by Daniel J. Sheffner on January 5, 2018 - 2:36 pm EST

In 1993, following several years of careful research and deliberation, the Conference’s Office of the Chairman adopted the agency’s Model Adjudication Rules (MARs). Crafted by a working group of experts hailing primarily from federal agencies and private law firms, the MARs are model rules of...

Submitted by Gisselle S. Bourns on December 7, 2017 - 10:44 am EST

This is a guest post authored by Nicholas Parrillo, a Professor at Yale Law School.  This post is the result of the author’s independent research and does not necessarily represent the views of the Administrative...

Submitted by Todd Rubin on December 4, 2017 - 4:30 pm EST

Making sound regulatory decisions demands information and analysis. Several ACUS recommendations encourage agencies to gather data when making new rules and when reviewing existing rules. These recommendations reinforce analytic demands imposed on agencies by legislation, executive orders, and...

Submitted by Frank Massaro on November 8, 2017 - 4:04 pm EST

This is a guest post authored by Aaron Nielson and reprinted from the Yale Journal on Regulation's Notice and Comment blog.  Aaron Nielson is an Associate Professor at Brigham Young University Law School.  This post is the result of the author’s independent research and does...

Submitted by Cheryl L. Blake on October 19, 2017 - 4:58 pm EDT

Agencies invest heavily in making the basis and requirements of rules clear to regulatory stakeholders and the public at large, including by using “plain language” or “plain writing.” Importantly, writing in plain language does not mean abandoning complexity or nuance, nor does it mean omitting...