The APA: An Administrative Conference Perspective

George Mason Law Review, 2021

Despite dramatic changes in the regulatory state over the last seventy-five years, Westlaw reports that Congress has only amended the Administrative Procedure Act (APA) sixteen times since its enactment in 1946. But that does not mean the APA has remained unchanged. The statutory text bears little resemblance to modern administrative law doctrine and regulatory practice. In response to developments in administrative governance, federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. As part of the George Mason Law Review’s Administrative Procedure Act at 75 Symposium, this Essay seeks to chronicle these mismatches between statutory text and doctrinal and regulatory reality. It focuses on the APA’s administrative procedure and judicial review provisions, as well as key aspects of presidential administration that operate outside of the APA. Through presenting this annotation and literature review of the lost world of the APA, the Essay identifies areas for further scholarly attention, potential legislative reform, and perhaps even judicial engagement.

Public Law and Administrative Law in the Italian Legal System. Collected essays., 2019

Procedural due process implies that official action must meet minimum standards of fairness and rationality, such as the right to adequate notice and a meaningful opportunity to be heard before a decision is made. The most prominent feature of the Law on administrative procedure however, is the requirement of a general obligation for specific statements of reasons for any administrative act (coupled with the right to judicial review of administrative determinations).

Encyclopedia of Law and Economics, 2017

This chapter examines the economics of administrative procedure and shows how law and economics insights can be used to understand fundamental features of administrative procedure. Moreover, it offers a survey of law and economics literature on administrative procedure and addresses three general aspects of administrative procedure. The first is the administrative decisions and access to information. The second general aspect is administrative procedure and agency capture problem. The third general aspect addressed in this chapter is the issue of administrative procedure and international trade. Definition Administrative procedure is a set or system of rules that govern the procedures of public bodies for managing organizing bureaucratic actions inside bureaucracies and in their interactions with private parties. These procedures are generally meant to establish efficiency, consistency, responsibility, and accountability.

1991

The views expressed in this article do not necessarily reflect those of the Department of Labor or the United States government. I want to thank Seth Zinman at the Department of Labor and Deborah Laufer and Linda Corriea of the Administrative Conference for their research assistance during the preparation of this article. I also want to express my appreciation to Gary Edles, Jeffrey Lubbers, and William Olmstead, whose trenchant insights continue to invigorate all those who study and practice administrative law.

Social Science Research Network, 2016

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative state but with relevance to the design and application of administrative law in any jurisdiction.

2018

I must acknowledge my great family including my aunts, cousins, and Lilith, my second cousin. Special thanks go to my parents, Kay Webb and Alan Fuchsman, and to the world's goofiest sister, Maddie Fuchsman. Finally, I give thanks to the four individuals that helped me along this doctoral journey more than anyone else. I thank Gema Zamarro, Bob Costrell, and Josh McGeemy dissertation committeeand Jon Mills. To all of you, I can never repay you for all you've done for me. I will strive to give back more to others than you have given mea goal I know will be nearly impossible to accomplish. Dedication To Kevin Kennedy and my grandparents, Dorothy Stoehr, Bob Stoehr, Dorothy Fuchsman, and Paul Fuchsman. I will always work to make you proud.

Journal of Business & Economics Research (JBER), 2013

Administrative law consists generally of the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function.The Administrative Procedure Act, other legislation, and court decisions have established administrative agencies as a large power base, largely insulated from electoral accountability, at both the federal and state levels.Most citizens are unaware of the extent of such power, and of the extent such power can be exercised with minimal transparency. This paper reviews and evaluates the federal administrative law process, examines differing practices followed in various states and foreign countries, and suggests potential changes to make the process more accountable and transparent, and to preserve better the rights of parties to both procedural and substantive due process.

University of Pennsylvania Law Review, 1970

Few complaints about administrative law are pressed more insistently than the charge that the administrative process is "overjudicialized."1 Although discordant notes to the contrary are sometimes heard,' the dominant chord of criticism has long been that administrative agencies have become too attached to judicial forms of proceeding, particularly when formulating policy rules and standards. The suggestion has been made that to improve agency performance, policy-making and judicial functions should be separated and allocated to different agencies.' However, institutional separation has thus far won few supporters." Nevertheless, there continues to be widespread concern that agencies tend to subordinate broad policy planning to

1986