*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 […]
*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, […]
*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 […]
*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 […]
*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 […]
*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 […]
*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 […]
*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 […]
*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, […]
*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 […]
*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 […]