Blog - Administrative Fix

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...

Submitted by Daniel J. Sheffner on September 22, 2017 - 9:53 am EDT

On the morning of Friday, September 29, a distinguished group of academics, agency officials, and other experts will meet on Capitol Hill to address federal administrative adjudication in the context of the larger administrative state and offer possible reforms that agencies and Congress might...

Submitted by Todd Rubin on September 8, 2017 - 11:24 am EDT

In July 2017, the Trump Administration announced a change to the Unified Agenda of Regulatory and Deregulatory Actions (commonly known simply as the “Unified Agenda”) that accords with a recent ACUS recommendation. This change creates greater transparency in the rulemaking process.

The...

Submitted by Cheryl L. Blake on June 12, 2017 - 3:27 pm EDT

Negotiated rulemaking, or RegNeg, involves convening balanced committees that include members of the public who represent the interests likely to be affected by a proposed rule. Committee members meet to discuss and seek agreement on many or all parts of proposed rules before the public comment...

Submitted by Daniel J. Sheffner on June 9, 2017 - 2:42 pm EDT

Publication first appeared as a blog post on Notice & Comment, a blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory...

Submitted by Daniel J. Sheffner on May 18, 2017 - 1:08 pm EDT

Publication first appeared in the American Bar Association Section of Administrative Law & Regulatory Practice's Administrative & Regulatory Law News Spring 2017 edition. Reposted with permission.

Federal administrative adjudication affects an enormous number of...

Submitted by Connie Vogelmann on December 12, 2016 - 4:57 pm EST

Publication first appeared as a blog post on Notice & Comment, a blog from the Yale Journal on...

Submitted by Alissa M. Ardito on December 7, 2016 - 9:21 am EST

Publication first appeared in the American Bar Association Section of Administrative Law & Regulatory Practice's Administrative & Regulatory Law News Fall 2016 ...