Agencies today conduct adjudicative hearings in three ways: in person, remotely using video and audio (video or video teleconference (VTC) hearings), and remotely with audio only (telephone hearings). In more normal times, each method has its boosters and skeptics. To see just how unpopular any shift to video or hearings can be, just look at […]
Here is the July 2020 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Freerolls by Annie Duke & Cass R. Sunstein The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I) by Jed Handelsman Shugerman […]
Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law is going to try out a new initiative: “Meet a Member.” The section will introduce our members from […]
Last December, the U.S. Department of Justice held a Summit on Modernizing the Administrative Procedure Act. I had the privilege of participating on one of the panels. Today the Justice Department issued a 129-page report from the summit, which includes remarks from a number of Justice Department officials, the transcript from the panels, and various […]
The Administrative Conference has announced that it is delaying consideration of the slate of projects that were set for this spring, including by delaying the plenary session that was scheduled for June. This decision is prudent, if not surprising. How long the postponement will last has not yet been decided, but whenever new dates are […]
The Administrative Conference of the United States has announced it’s hiring an attorney advisor. This is great opportunity, particularly for someone interested in a career working in the federal government or in academia. I can attest to this, having worked at ACUS for five years before entering academia. If you love administrative law–or are open […]
I’ve been remiss in updating you, dear reader, on what was a very productive ACUS Plenary session in December 2019. The Assembly adopted five new recommendations, on a host of timely subjects. From ACUS’s promptly published Federal Register notice: Recommendation 2019-5, Agency Economists, addresses the placement of economists within rule-writing agencies (e.g., centralized versus dispersed throughout the agency) […]
In 1958, civil rights leaders, including Dr. Martin Luther King, Jr. and Andrew Young, met in New York with Reverend Everett Parker, who was the Director of the Office of Communications of the United Church of Christ. The Office was an advocacy arm of the church, whose members’ commitment to civil rights dated back to […]
I’m pleased to announce that I’ve written an important new article: “The New Separation of Powers in the Age of Coronavirus.” This is still a draft; comments definitely welcome. ### Obviously, I kid. The title, however, comes from a great post at PrawfsBlawg by Paul Horwitz. Professor Horwitz — whom I’ve never met, but whose […]
Below are two announcements from Kent Barnett concerning the American Association of Law Schools Administrative Law Section’s programming for the AALS 2021 Annual Meeting: (1) the dates and times for our two programs, and (2) a request for nominations for our Emerging Scholar Award. Section Programming Section Meeting: 11:00 a.m. – 12:15 p.m. EST, […]
Kent Barnett, Emily Bremer, and I were thrilled to organize the Duke Law Journal‘s fiftieth annual administrative law symposium, entitled Charting the New Landscape of Administrative Adjudication. As I blogged about last month, the live symposium took place on Valentine’s Day, and the draft papers and video from the symposium are now available online. Here is the […]
It’s said that becoming a federal judge can change people—and not always for the better. You become the master of your own kingdom, answerable to no one thanks to the Constitution’s effective guarantee of lifetime tenure. Whatever flaws you had before can become accentuated. It says something remarkable about Stephen F. Williams that his 34 […]
The Trump Administration recently proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX. Neither Title IX, passed in 1972, nor the implementing regulations, promulgated in 1975, defined “controlled by a religious organization.” In the ensuing 45 years, the federal administrative agencies charged with enforcing Title IX […]
Most of administrative law scholarship, and certainly the most widely cited and acclaimed scholarly contributions to the field, appear to be color-blind.[1] Most leading administrative law decisions seem to be so as well. Should we as scholars and thinkers in the field stand chastened by such a state of affairs? What role should race assume in administrative […]