Notice & Comment

Symposia

Notice & Comment

Decisional Independence of Administrative Adjudicators: Perspectives from ACUS, by Jeremy Graboyes

*This is the tenth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. To conclude this symposium, I’ve been asked to describe recommendations of the Administrative Conference of the United States (ACUS) that bear on the decisional independence of federal agency adjudicators. While this post describes […]

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Agency Adjudication and Congress’s Anti-Removal Power

*This is the ninth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. There is a growing concern in administrative law circles, and especially among administrative law judges and other agency adjudicators, that the decisional independence of agency adjudicators is increasingly being threatened. At least formally, […]

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Regulating Impartiality in Agency Adjudication, by Kent Barnett

*This is the eighth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. **The following article, aside from including recent updates, was published on this blog on December 23, 2019. To Justice Breyer’s chagrin, the Court in Lucia v. SEC and Free Enterprise Fund v. PCAOB […]

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Addressing Doubts About a Federal Central Panel, by Richard E. Levy & Robert L. Glicksman

*This is the seventh post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Professor Emily Bremer, the organizer of this symposium on the decisional independence of administrative adjudicators, remarked in her Introduction to the symposium that the “APA’s regime for ensuring the impartiality and decisional independence […]

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Limiting Agency Head Review in the Design of Administrative Adjudication, by Rebecca Eisenberg and Nina Mendelson

*This is the sixth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. United States v. Arthrex is an Appointments Clause case that reads like a Vesting Clause case. Its shifting analytical frames and splintered alliances leave an important question unresolved: will the Court now […]

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Adjudication with a Stacked Deck, by Jennifer L. Mascott & Daniella Efrat

*This is the fifth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. As Professor Michael Rappaport and other scholars have observed, agencies currently maintain an excessive degree of power and discretion to internally adjudicate agency enforcement actions. Professor Rappaport has proposed the creation of […]

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Doubts About a Federal Central Panel, by Ronald M. Levin

*This is the fourth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In an earlier post in this symposium, Rick Levy and Rob Glicksman (hereinafter L&G) endorse the concept of a federal central panel for administrative adjudication. Their post draws upon an article that the […]

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Replacing Agency Adjudication with Article III Administrative Courts, by Michael B. Rappaport

*This is the third post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. One of the troubling aspects of the modern administrative state is that administrative adjudications violate the separation of powers—either understood as the Constitution’s original meaning or as a political principle. Yet, this […]

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The Crisis in Immigration Adjudication

*This is the second post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Immigration law is the poster child for the need for greater decisional independence in agency adjudication. Take, for example, the politicized hiring of immigration judges, executive branch interference in a pending case, […]

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Toward a Federal Central Panel for Administrative Adjudication, by Richard E. Levy & Robert L. Glicksman

*This is the first post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. A confluence of factors has brought increased attention to the structural aspects of administrative adjudication, as reflected in this blog symposium. The long-held assumption that agencies would usually conduct adjudications pursuant to […]

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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 […]

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The Public Benefits of Press Specialness, by RonNell Andersen Jones

*This is the ninth post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. In Saving the Freedom of Information Act, Margaret Kwoka offers a deep empirical diagnosis of FOIA’s operational dysfunction. Her data make unmistakably clear that FOIA is falling far short of […]

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‘Studying Up’ the FOIA State, by Austin C. Kocher

*This is the eighth post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. Margaret Kwoka’s new book Saving the Freedom of Information Act substantially elevates the conversation surrounding the Freedom of Information Act and the administrative state by examining, in admirable detail, the […]

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Access to Public Records in Immigration Law: Reviewing Margaret B. Kwoka’s Saving the Freedom of Information Act, by Ingrid Eagly

*This is the seventh post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. In Lee’s Summit, located just outside Kansas City, Missouri, the federal government holds millions of immigration records in an old limestone mine known as “the Cave.” Margaret Kwoka visited the […]