Professor Richard J. Pierce, Jr. · 83 Geo. Wash. L. Rev. 1564 · This article describes the ways in which ACUS has encouraged scholars to engage in empirical research and some of the results of those efforts. It then discusses the many important characteristics of the notice and comment rulemaking process and its effects that scholars have... Read More

Funmi E. Olorunnipa · 83 Geo. Wash. L. Rev. 1555 · Although both operate in the public sphere, administrative law and public administration are two distinct disciplines and a wide gap, both in theory and in practice, exists between the two. This Article briefly examines that gap and explains how the Administrative Conference of the United States... Read More

Dean Alan B. Morrison · 83 Geo. Wash. L. Rev. 1540 · The Administrative Conference of the United States (“ACUS”) celebrated its fiftieth anniversary in 2014 (disregarding a fifteen-year period of congressionally induced hibernation), and the Freedom of Information Act (“FOIA”) will celebrate a similar milestone either in 2016, fifty years after it was signed into law,... Read More

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... Read More

Professors David E. Lewis and Jennifer L. Selin · 83 Geo. Wash. L. Rev. 1487 · The legitimacy of the federal executive establishment’s administrative policies hinges on the ability of democratically elected officials to hold federal agencies accountable. While both the President and Congress have a variety of tools they can employ to enhance control over the... Read More

Professor Ronald M. Levin · 83 Geo. Wash. L. Rev. 1446 · The Regulations from the Executive In Need of Scrutiny Act (“REINS Act”) is a legislative proposal that would greatly increase congressional control over administrative agency rulemaking. Under the bill, no “major rule” (a rule with a large economic impact) could go into effect unless Congress... Read More

Susan Jensen · 83 Geo. Wash. L. Rev. 1410 · The Administrative Conference of the United States is an independent, nonpartisan federal agency established by Congress in 1964. Although it technically marked its fiftieth anniversary last year, for fifteen of those years it was not in existence. Drawing on the author’s personal experience as a congressional staffer,... Read More

Professor Cynthia R. Farina, Professor Mary HJ. Newhart, and CeRI e-Government Fellow Cheryl Blake · 83 Geo. Wash. L. Rev. 1358 · This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain... Read More

Associate Justice Mariano-Florentino Cuéllar · 83 Geo. Wash. L. Rev. 1330 · In the late 1930s, the administrative state was becoming an increasingly important component of American national government as the country recovered from the Depression and emerged as a preeminent geopolitical power. Amidst these changes, James Landis had a distinctive perspective borne from his experience as... Read More

Dean Emeritus Ronald A. Cass · 83 Geo. Wash. L. Rev. 1294 · America’s constitutional structure relies on checks and balances to prevent a concentration of excessive discretionary power in the hands of any individual governmental official or body, promoting effective government while protecting individual liberty and state sovereignty. Federal courts have been sensitive to threats to... Read More