Notice & Comment

Administrative Conference Update Series

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

ACUS is Hiring!

The Administrative Conference of the United States is taking applications for multiple Attorney Advisor positions, with a deadline of April 30. The agency is seeking candidates with a year or more of legal experience. If you’re in a term-limited position such as a clerkship or fellowship, you should still apply! Your application is invited even […]

Notice & Comment

ACUS Publishing Six New Recommendations and One Statement (ACUS Update)

At its 73rd Plenary Session in December 2020, the ACUS Assembly adopted six new recommendations and one statement. These are all on public inspection today and set to be published in the Federal Register tomorrow. From the notice: Recommendation 2020-1, Rules on Rulemakings. This recommendation encourages agencies to consider issuing rules governing their rulemaking procedures. […]

Notice & Comment

New ACUS Project on “Mass, Computer-Generated, and Fraudulent Comments”

Last April, the Administrative Conference of the United States (ACUS) called for proposals for a new project on “Mass, Computer-Generated, and Fraudulent Comments in Agency Rulemaking.” The request for proposals (RFP) signaled that ACUS was looking for a team of research consultants to take on the work, in concert with the Conference’s Research Director. Assembling […]

Notice & Comment

The Administrative Conference is Hiring! (ACUS Update)

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 […]

Notice & Comment

Coronavirus (COVID-19) and Adjudication (ACUS Update)

The Administrative Conference of the United States is maintaining a collection of resources related to how federal agencies are managing adjudication caseloads under the extraordinary conditions created by the pandemic. The collection includes resources for agencies such as ACUS recommendations, ACUS-commissioned reports and handbooks, and similar non-ACUS materials. It also offers an extensive list of […]