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"Multimember commissions are a central feature of the modern administrative state. Yet a growing number have lost their legal authority to function—not through statutory repeal or defunding, but because they lack a quorum. In many cases, these quorum losses stem from the President’s assertion of a broad removal power, which causes vacancies in the commission’s…"

"This Article recovers the largely overlooked legal and administrative history of the federal loyalty program and argues that it played a formative role in the development of modern civil service protections and administrative law. During the McCarthy era, the United States Civil Service Commission (CSC), under pressure from Congress, implemented a sweeping loyalty program aimed…"

"With few exceptions, the federal courts of appeals have jurisdiction over—and only over—“final decisions” of the district courts. Yet there is a little-known but highly consequential rule, known as the “administrative remand rule,” that an order remanding an administrative agency’s decision under the Administrative Procedure Act is final only as to the agency. That is,…"

"On many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the Trump Administration has stormed the bureaucracy in an unprecedented blitz designed to kneecap agency capacity and independence. For better or worse, many agencies and their civil servants are being…"

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Most Recent Print Issue

Volume 78, Issue 6

Recent Online Essays