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Administrative Law, Public Administration, and the Administrative Conference of the United States

Professor Gillian E. Metzger ·
83 Geo. Wash. L. Rev. 1517 ·

From its birth, administrative law has claimed a close connection to governmental
practice. Yet as administrative law has grown and matured it has
moved further away from how agencies actually function. The causes of administrative
law’s disconnect from actual administration are complex and the
divide is now longstanding, but it is also a source of concern given the increasing
importance of internal administration for ensuring accountable government.
This Article analyzes the contemporary manifestations and historical
origins of administrative law’s divide from public administration, as well as
the growing costs of this disconnect. It also describes the Administrative Conference
of the United States (“ACUS”)’s exceptional status as the rare forum
spanning the worlds of both administrative law and public administration, and
the critical role ACUS can play in reasserting linkages between these two critical
dimensions of government.

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