Office of the Chairman Projects

Status:
Current

This project studies several issues identified but not addressed in Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action. First, it considers various questions related to the event that begins the period during which a litigant can challenge an agency action in federal court. Second, it...

Status:
Current

The U.S. Patent and Trademark Office (USPTO) is engaging ACUS to conduct an independent study of issues associated with and options for designing a small claims patent court.

Status:
Current

President Biden ...

Status:
Current

The Working Group on Model Materials for Alternative Dispute Resolution is co-led by ACUS and the Federal Mediation and Conciliation Service. The Working Group brings together federal agency officials to develop model agreements, standards, position descriptions, training and educational resources, and other materials that agencies can adapt as needed for use in their own alternative dispute resolution programs.

Status:
Current

In Recommendation 2021-9Regulation of Representatives in Agency Adjudicative Proceedings, the Administrative Conference of the United States recommended that the ACUS Office of the Chairman “consider promulgating model rules of conduct” consistent with the Recommendation and, in doing so, “seek the input of a diverse array...

Status:
Current

ACUS Recommendation 2021-5Clarifying Statutory Access to Judicial Review of Agency Action, identified various ways in which statutes governing judicial review of federal agency rules and adjudicative orders create unnecessary...

Status:
Completed

This Office of the Chairman project, conducted by Professor Cary Coglianese of the University of Pennsylvania School of Law, explored contexts in which agencies might use machine learning and other forms of artificial intelligence (AI) to carry out regulatory functions. It examined the comparative strengths and weaknesses of both human decision making and AI, seeking to identify areas in which agencies should explore using AI. It also...

Status:
Completed

This project studies the roles and responsibilities of agency heads in agencies that perform both enforcement and adjudicatory functions. Though the APA bars investigatory or prosecutorial officials from later serving as or advising an adjudicator in the same case, it explicitly exempts agency heads.

Status:
Completed

This project studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)—including conciliation, facilitation, factfinding, minitrials, arbitration, the use of ombuds, and mediation—to resolve matters related to their core statutory authorities.

Status:
Completed

The Office of the Chairman of the Administrative Conference is exploring the growing role that artificial intelligence (AI), such as machine learning and related techniques, is playing in federal agency adjudication, rulemaking, and other regulatory activities.