An Unfair Presumption in the Fair Labor Standards Act
Alexander Kritikos · January 2016 84 Geo. Wash. L. Rev. Arguendo 1 The Obama Administration’s Department of Labor has made it a top priority to find and investigate instances of employee misclassification—that is, designating a worker as an independent contractor rather than an employee. Proper classification is important because the Fair Labor Standards Act provides... Read More
On the Docket’s Preview of December Supreme Court Arguments
How much impact can one case have? In this month’s upcoming arguments, the Court has taken on ten cases which will, each in its own way, have far reaching implications. On Monday, the Court will resolve circuit splits and ambiguity through Musacchio v. United States and Green v. Brennan. While Musacchio will yield from the Court... Read More
Historical Supplement
Prepared by David M. Pritzker, Deputy General Counsel of the Administrative Conference of the United States · Introduction · 83 Geo. Wash. L. Rev. 1705 · The Historical Supplement to this issue of the George Washington Law Review contains an overview of the history of the Administrative Conference of the United States, together with bibliographic material and a... Read More
The Administrative Conference at Fifty: An Agency Lives Twice
Professor David C. Vladeck · 83 Geo. Wash. L. Rev. 1689 · This Article traces the successful resurrection of the Administrative Conference of the United States (“ACUS”), a federal agency uniquely dedicated to improving the efficiency and fairness of administrative agencies to better serve the American public. The Article begins by recounting ACUS’s history of accomplishment, from... Read More
The Administrative Conference and the Political Thumb
Professor Peter L. Strauss · 83 Geo. Wash. L. Rev. 1668 · In his valuable contribution to this special issue, Richard Pierce underscores the role the Administrative Conference of the United States (“ACUS”) has played over the years in encouraging on-theground fact-finding by its consultants, who have usually been academics consulted at the beginning of careers that... Read More
ACUS and Suits Against Government
Professor Jonathan R. Siegel · 83 Geo. Wash. L. Rev. 1642 · The Administrative Conference of the United States (“ACUS”) has played an important role in improving the system of lawsuits against the federal government. ACUS should continue to play this role, for which it is uniquely well suited. Because it does not litigate, ACUS is free... Read More
States vs. FDA
Professor Catherine M. Sharkey · 83 Geo. Wash. L. Rev. 1609 · In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure of dual regulatory levels sets the... Read More
A Government Success Story: How Data Analysis by the Social Security Appeals Council (with a Push from the Administrative Conference of the United States) is transforming Social Security Disability Adjudication
Administrative Appeals Judge Gerald K. Ray and Professor Jeffery S. Lubbers · 83 Geo. Wash. L. Rev. 1575 · This Article for the special issue on the Administrative Conference of the United States (“ACUS”) focuses on how a collaboration between ACUS and the Social Security Administration (“SSA”) has helped SSA use data analysis to bring about significant... Read More
The Administrative Conference and Empirical Research
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
ACUS 2.0: Bridging the Gap Between Administrative Law and Public Administration
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