An Informal Legislative History of the Reauthorization of the Administrative Conference of the United States
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
The Problem with Words: Plain Language and Public Participation in Rulemaking
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
James Landis and the Dilemmas of Administrative Government
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
Vive la Deference?: Rethinking the Balance Between Administrative and Judicial Discretion
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
Public Participation and the Transatlantic Trade and Investment Partnership
Research Chief Reeve T. Bull · 83 Geo. Wash. L. Rev. 1262 · In the last several years, regulators in major industrialized states have increasingly focused on achieving greater integration between international regulatory regimes and eliminating unnecessary regulatory divergences that create barriers to trade. So-called international regulatory cooperation, which the Administrative Conference of the United States first... Read More
ACUS—And Administrative Law—Then and Now
Professor Michael Herz · 83 Geo. Wash. L. Rev. 1217 · The Administrative Conference of the United States (“ACUS”) both shapes and reflects the intellectual, policy, and practical concerns of the field of administrative law. Its recommendations are therefore a useful lens through which to view that field. Also, because of an unfortunate hiatus, ACUS has gotten... Read More
Reflections on the Administrative Conference
Justice Antonin Scalia and Justice Stephen G. Breyer · 83 Geo. Wash. L. Rev. 1205 · Testimony Before Subcommittee on Commercial and Administrative Law of the House Committee (2010). Just over five years ago we testified together before a subcommittee of the House of Representatives’ Judiciary Committee to comment on the Administrative Conference of the United States... Read More
Opinions on ACUS: The Administrative Conference’s Influence on Appellate Administrative Jurisprudence
Stephanie J. Tatham · 83 Geo. Wash. L. Rev. 1186 · The Administrative Conference of the United States (“ACUS” or the “Conference”) has been charged by Congress with studying “the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs,” as well as with making related “recommendations to administrative agencies,... Read More
The Administrative Conference of the United States: The View from the Federal Bench
The Honorable Patricia McGowan Wald, The Honorable Stephen F. Williams, The Honorable S. Jay Plager, and The Honorable John M. Walker, Jr. · 83 Geo. Wash. L. Rev. 1186 · Transcript of Panel Discussion entitled “The Administrative Conference of the United States: The View from the Federal Bench,” moderated by Chairman Paul R. Verkuil and held at... Read More
The Administrative Conference and the Federal Judiciary
Executive Director Matthew Lee Wiener · 83 Geo. Wash. L. Rev. 1142 · Introduction to Panel entitled The Administrative Conference of the United States: The View from the Federal Bench What follows is a transcript of a discussion moderated by Chairman of the Administrative Conference of the United States (“ACUS” or “Conference”) Paul Verkuil among one former... Read More