Notice & Comment

Author: Emily Bremer

Notice & Comment

Final Agency Action on Student Loan Forgiveness: Whether, When, and How Will (and Should) it Come?

In August, the Biden Administration announced its plan for student loan forgiveness outside of the recently expanded Public Service Loan Forgiveness program. In the debate over the this new program’s lawfulness, a common argument is that the program’s critics have been too hasty. They should wait, it is argued, for the Department of Education’s final […]

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship.  The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]

Notice & Comment

ACUS and NAPA Virtual Forum, 3/29 1-3pm ET: Senate Confirmation of Executive Branch Appointees

The Administrative Conference of the United States and the National Academy of Public Administration are hosting a forum, Advice and Consent: Problems and Reform in the Senate Confirmation of Executive Branch Appointees, on March 29 (1-3pm ET).  Register to attend the virtual event here. Description: The federal government relies on political appointees and career civil servants to operate […]

Notice & Comment

Introduction to Our Symposium on the Decisional Independence of Administrative Adjudicators

*This is the introduction to a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In the 75 years since Congress enacted the Administrative Procedure Act (APA), administrative adjudication has slid slowly but inexorably into crisis. Myriad forces have combined to undo the statute’s most crucial component: its […]

Notice & Comment

The Bureaucracy Also Empowers the Unitary Executive

*This is the eighth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. The President’s power over the administrative state is typically understood as the power to direct executive branch agencies and officials to act in accord with the […]

Notice & Comment

Forum on Underserved Communities and the Regulatory Process (ACUS Update)

ACUS is hosting a multi-day, virtual Forum on Underserved Communities and the Regulatory Process this November. Leading policymakers, community advocates, and other experts will discuss underserved communities’ participation in the processes, including rulemaking and adjudication, by which federal agencies make regulatory policies. The forum will address Executive Order 13985, which requires federal agencies to “pursue a comprehensive approach to advancing equity for […]

Notice & Comment

Fall 2021 Recommendation Projects Are Underway! (ACUS Update)

ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]

Notice & Comment

Join Us on Clubhouse Wednesday Night for New Scholarship!

As I’ve noted previously, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, August 25 at 8:30 pm Eastern to discuss Noah Rosenblum’s new article, The Antifascist Roots of Presidential Administration, which is forthcoming in the Columbia Law Review. The discussion will begin with Noah, […]

Notice & Comment

Add a Side of Adjudication to Your Lunch This Wednesday

As I noted last month, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, July 28 at noon Eastern to discuss my forthcoming Washington University Law Review article, The Rediscovered Stages of Agency Adjudication. It’ll make you see APA adjudication in a whole […]

Notice & Comment

Richard J. Pierce, Jr. on the Harmful Public Misperception that Rulemaking is a Plebiscite (ACUS Update)

Over the past two days, I’ve posted a mini-symposium of separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The third and final contribution comes from Senior Fellow Richard J. Pierce, Jr. (GW Law) (it is an abbreviated version of a statement that is on the ACUS website): […]

Notice & Comment

Nina A. Mendelson on the Value of Comments from Individual Members of the Public (ACUS Update)

Yesterday, I posted the first of three separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The second statement comes from Senior Fellow Nina A. Mendelson (Michigan Law): This Recommendation, the product of much hard work, will help guide agencies managing mass comments and addressing falsely attributed […]

Notice & Comment

Randolph J. May on Mass Comments and the FCC’s Net Neutrality Proceedings (ACUS Update)

As I noted yesterday, ACUS’s newly adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments generated three separate statements.  Separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws (Section 302.6(d)(1)). They are relatively rare and typically used to register disagreement with a recommendation the Assembly has voted to […]

Notice & Comment

Four New Recommendations, Three Separate Statements, and One Committee Meeting in July (ACUS Update)

At its 74th Plenary Session in June, the Assembly of the Administrative Conference of the United States adopted four new recommendations. One of these (Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments) provoked three (!) separate statements, from Senior Fellows Randy May, Nina Mendelson, and Dick Pierce. The dialogue offers a fascinating window into […]

Notice & Comment

Summertime Scholarship Conversations

For those interested in new scholarship in constitutional and administrative law, Neysun Mahboubi has organized a summer discussion series on the Law and Governance channel on Clubhouse. The first event is tomorrow, June 30 at 8:30 pm EDT. Calvin Terbeek will be in the hot seat, discussing his new article in the American Political Science […]