Executive Agencies

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

Electronic Case Management Can Improve Adjudication

Electronic Case Management Can Improve Adjudication

Agencies can benefit from using digital technology to manage case files.

Severability in Agency Rulemaking

Severability in Agency Rulemaking

Agencies should include severability clauses in rules to minimize legal uncertainty.

Improving the Efficiency of the Paperwork Reduction Act

Improving the Efficiency of the Paperwork Reduction Act

ACUS collaborated with agency officials to identify inefficiencies in the PRA approval process.

General Rules for Agency Adjudications?

General Rules for Agency Adjudications?

Model Adjudication Rules provide agencies with a guide for improving their own procedures.

Executive Power and the CFPB

Executive Power and the CFPB

D.C. Circuit weighs constitutionality of the consumer financial watchdog’s organizational structure.

Five Recommendations for Improving Administrative Government

Five Recommendations for Improving Administrative Government

Scholars and officials highlight recent recommendations for improving regulatory and administrative processes.

Constraining the President’s Appointment Power

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

The Supreme Court’s 2016–2017 Regulatory Term

The Supreme Court’s 2016–2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

A Price of Greater Executive Discretion

A Price of Greater Executive Discretion

Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.

Who Decides?

Who Decides?

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Rebuilding Accountability in the Administrative State

Rebuilding Accountability in the Administrative State

When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”