Administrative Law and Geopolitical Gravity
A new era of geopolitical competition with China could have profound impacts on domestic policy and regulatory law.
Administrative & Regulatory Law News | Fall 2023
Volume 49, Issue 1
Inside this Issue
AI & MQD
Decisions about artificial intelligence that are made (or not made) in the near term may set the globe on trajectories and path dependencies that could shape society for lifetimes.
People and Processes: AI Governance Under Executive Order 14,110
Section 10 will likely prove to be of the greatest interest to practitioners and scholars of administrative law, as it specifically addresses growing AI use by federal agencies.
Artificial Intelligence in Rulemaking: From Retrospective Review to Prospective Rules
Lessons that the Algorithmic Tools in Retrospective Review of Agency Rules report offers for applying artificial intelligence in regulatory analysis.
Expanding the Public's Role in Federal AI Governance
The Office of Management and Budget lists several mechanisms for soliciting ongoing public input, ranging from direct user testing to listening sessions to post-transaction customer feedback.
Predicting the Future of HHS Regulation of Race-Based Algorithms
The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence mitigates some concerns by directing the Department of Health and Human Services to adopt a mor…
Supreme Court News - Fall 2023
The U.S. Supreme Court granted certiorari in about 40 cases and addressed general issues in administrative law in many cases, including Securities and Exchange Commission v.
News from the Circuit
Sixth Circuit Considers the Legacy of Benzene
Throughout its half-century history, the Occupational Safety and Health Act has raised questions about whether it complies with the nondelegation doctrine.
The D.C. Circuit Makes It Easier to Access the Law
In American Society for Testing and Materials v. Public.Resource.Org, Inc., the D.C. Circuit addressed copyrighted technical standards that are embedded in federal law.
Fifth Circuit Rejects SEC's Rationale-Disclosure Requirement
Several Texas business associations challenge a U.S. Securities and Exchange Commission rule compelling publicly traded companies to disclose their reasons for repurchasing their own shares.
News from ACUS
ACUS Explores the Vast World of Informal Agency Adjudication
Given the importance of Type C adjudications, the Administrative Conference of the United States has undertaken a project to study how federal agencies conduct and identify best practices.