A handful of digital platforms mediate a growing share of online commerce and
communications. By structuring access to markets, these firms function as gatekeepers for …

The strict procedural rules that characterize modern administrative law are said to be
necessary to sustain the fragile legitimacy of a powerful and constitutionally suspect …

A perennial challenge for the administrative state is to answer the" democracy question":
how can the bureaucracy be squared with the idea of self-government of, by, and for a …

Common wisdom has it that bureaucrats are unaccountable to the people they regulate and
must therefore be closely supervised by elected officials or (perhaps ironically) the federal …

Like police officers patrolling the streets for crime, the front lines for most large business
regulators—Environmental Protection Agency engineers, Consumer Financial Protection …

At the center of contemporary debates over public law lies administrative agencies'
discretion to impose rules. Yet for every one of these rules, there are also unrules nearby …

Agencies make many of their most important decisions in rulemaking well before the
publication of a Notice of Proposed Rulemaking (NPR), when they set their regulatory …

We examine the relationship between procedural fairness and the legitimacy of rulemaking
decisions made by government agencies. Evidence from a survey experiment indicates that …

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to
provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from …

The law regulates some of society's most significant relationships through status. Yet social
and legal changes can diminish a status's effectiveness and importance. The debates …