Topic
Administrative Procedure Act
Posts
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ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence -
ArticleVol. 100 · Iss. 5
Good Intentions: Administrative Fiat and the General Welfare Exclusion
Abstract Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless…
Samuel D. Brunson & Christian A. Johnson -
ArticleVol. 99 · Iss. 2
The Rediscovered Stages of Agency Adjudication
ABSTRACT Modern administrative law understands the Administrative Procedure Act (APA) to establish an informal and a formal procedural mode of two types of agency…
Emily S. Bremer -
ArticleVol. 88 · Iss. 1
Measuring the True Cost of Government Bailout
Government intervention to assist individual businesses and industries during the 2008–2009 economic crisis was extraordinary in variety and scope. Despite official protestations of no…
Cheryl D. Block -
ArticleVol. 96 · Iss. 2
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Immigration scholarship has begun to explore the prominence of shadow removals—deportations that are executed by front-line agency officials acting outside the presence of an…
Jennifer Lee Koh -
ArticleVol. 93 · Iss. 6
What Administrative Law Can Teach the Trademark System
In 2014, the Patent and Trademark Office (“Trademark Office” or “Agency”) made national headlines when it cancelled the Washington Redskins’ trademark registration. The Washington…
Melissa F. Wasserman -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
ArticleVol. 98 · Iss. 3
Democratizing Rule Development
Agencies make many of their most important decisions in rulemaking well before the publication of a Notice of Proposed Rulemaking (NPRM), when they set…
Michael Sant’Ambrogio & Glen Staszewski -
ArticleVol. 98 · Iss. 1
Constraining the Statutory President
When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for…
Kathryn E. Kovacs -
ArticleVol. 90 · Iss. 1
The Irrelevance of Politics for Arbitrary and Capricious Review
This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but…
Mark Seidenfeld