Many Americans may not spend much time thinking about it, but administrative law plays an essential role in many of the functions government agencies perform every single day. In each episode of Between the Lines, we’ll explore issues ranging from access to justice and court deference to agency interpretations of law to unnecessary burdens placed upon users of administrative processes. Join host Andrew Fois, the chair of the Administrative Conference of the United States, for in-depth discussions with ACUS participants, academic experts, and government officials on contemporary issues in administrative law – and why they matter to agencies’ missions.
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Non-lawyer assistance in adjudication and a life in administrative law
samedi 25 janvier 2025 • Durée 47:33
On this episode of Between the Lines host Andy Fois talks to an academic expert and an attorney from the Administrative Conference about the use of non-lawyers to represent and assist parties in agency adjudication.
In the second half, we meet an attorney who has had an exceptional career in and around administrative law and who talks about his life and the state of administrative law past, present, and future.
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Talking Administrative Law
samedi 7 décembre 2024 • Durée 46:16
In this episode of Between the Lines, ACUS Chair Andrew Fois interviews two leading experts in administrative law about their careers and views on contemporary ad law issues.
In the first half of the show, we'll meet Alan Morrison, a professor and associate dean at the George Washington University School of Law, who has had an exceptional 50-year career in the law as a professor and litigator.
In the second half, Fois will talk with Adam White of the American Heritage Institute and the C. Boyden Gray Center for the Study of the Administrative State.
Morrison and White will weigh in on Chevron, Loper Bright, Chada and other major ad law cases.
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The enforcement of adjudication decisions
samedi 2 mars 2024 • Durée 43:00
This episode of Between the Lines with the Administrative Conference (ACUS) explores two important cases in administrative law being considered by the United States Supreme Court in the 2023-2024 term.
The first, SEC v. Jarkesy, could make significant changes to how federal administrative agencies conduct enforcement adjudications. It raises three constitutional issues: the 7th amendment right to a jury trial, the “delegation doctrine,” and the constitutional appointment of administrative law judges.
In the second case, Corner Post v. Board of Governors, the Court will rule on when Americans and businesses may go to court to challenge rulemakings by administrative agencies that have caused them harm.
Host Andrew Fois will discuss these cases and the issues they raise with two respected experts in administrative law and procedure. The opinions will be issued by the Court before July 2024.
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Justice Delayed - Justice Denied: Timeliness of Agency Adjudication
vendredi 2 février 2024 • Durée 42:59
This episode of Between the Lines with the Administrative Conference of the US is titled: Justice Delayed/Justice Denied: Timeliness of Agency Adjudication.
The show tackles the all too persistent problem of backlogs and delays that people often face when required to deal with an agency adjudication. Millions of Americans do so every year to obtain benefits, services, permits, and licenses or to respond to accusations of lawbreaking. Delays resolving these matters can have significant consequences.
This episode explores the issue with four expert guests. The first two are ACUS attorneys who conducted an in-depth research report that resulted in an official recommendation, containing proposals for agencies and Congress, adopted by the ACUS assembly.
In the third segment we hear about that recommendation from tje chair of ACUS committee that developed it.
Finally, the acting chair of a small agency will describe how it addressed its recent problem of 'inherited inventory."
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Burdens in the administrative system
vendredi 5 janvier 2024 • Durée 42:06
This episode of “Between the Lines with the Administrative Conference of the United States (ACUS)” will investigate how federal administrative agencies can identify and reduce the burdens that the public faces when interacting with these agencies.
Tens of millions of Americans and small businesses must interact with federal administrative agencies every year. They must do so for a wide variety of reasons including seeking information -- claiming health, retirement, VA, housing, or other benefits -- securing permits and licenses -- paying taxes -- responding to enforcement or adjudication challenges and complying with agency rules and regulations.
Too often people and businesse face unacceptable amounts of “red tape” and other obstacles before they can achieve their goals with federal agencies.
This episode takes listeners “between the lines” of efforts to help agencies do a better job of identifying and then addressing and reducing the red tape that experts call an administrative burden.
Two university professors will discuss a report they provided to ACUS laying out the problem. An ACUS committee chair will then talk about a series of proposals, adopted by the Assembly, about how best to confront these problems of identifying and reducing administrative burden.
Finally an OMB attorney will tell us about the efforts it is making to tackle them.
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Supreme Court interpretations of the Chevron deference doctrine
lundi 11 décembre 2023 • Durée 39:48
This episode of Between the Lines considers one of the most important cases in administrative law, namely, the Chevron deference doctrine.
Chevron, decided by the United States Supreme Court in 1985, and the subsequent cases that made it into a “doctrine,” deal with how courts should evaluate an administrative agency’s interpretation of its authorizing statute that it claims empowers it to issue the rules in question. Chevron requires courts to apply a two-step analysis that first considers whether the statute in question is clear. If so, the court must then apply that standard. If the statute is unclear, however, the second step requires the court to defer to the agency’s interpretation of the statute as long as that interpretation is reasonable.
The doctrine has been applied by the Supreme Court approximately 100 times in 35 years and not without controversy among legal scholars and practitioners. There are two cases pending before the court this term that offer it the opportunity to reverse or reform the Chevron doctrine.
This episode discusses these issues with Columbia Law Professor Tom Merrill, author of a recent book on Chevron, Fernando Laguarda, general counsel of AmeriCorps who will provide a perspective from a federal agency, and University of Minnesota Law Professor Kristin Hickman who will bring us up to speed on the two pending cases.
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Episode 3: Federal agency use of machine learning and generative AI
jeudi 9 novembre 2023 • Durée 52:59
This episode of “Between the Lines with the Administrative Conference of the United States,” tackles the timely and complex issues regarding federal agency use of machine learning, generative AI, and other algorithmic tools in administrative proceedings. These procedures include regulation and rulemaking, enforcement, adjudication, and licensing.
Andrew Fois, host of the show and chair of the Administrative Conference, and his four expert and experienced guests consider such questions as definitions of AI and the other tools, how agencies have been using these tools already, potential benefits of their expanded use by agencies, and the risks associated with using these tools. These guests are all friends of ACUS, and they address the substantial body of work undertaken by ACUS on this subject. They also discuss President Biden's October 30th Executive Order to agencies directing them how to use AI and the accompanying OMB guidance assisting agencies on the best ways to execute that EO.
Guests include:
Professor Dan Ho of Stanford Law School
NYU law Professor Catherine Sharkey
Professor Cary Coglianese of the University of Pennsylvania School of Law
Alexandra Reeve Givens, president and CEO of the Center for Data and Technology.
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Episode 2: Access to justice in administrative procedure
mardi 3 octobre 2023 • Durée 47:36
In this episode, host Andy Fois, Chair of the Administrative Conference of the United States, how the interests of regular people and small businesses are represented before federal administrative agencies take actions that effect their interests.
He is joined by:
Amy Widman, Law Professor, Rutgers University
Rachel Rossi, Director of the Office for Access to Justice, Department of Justice
Ron Flag, President of Legal Services Corporation
Lou Virelli, Law Professor, Stetson University Law School
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Episode 1: Introducing Between the Lines with the Administrative Conference of the United States
mardi 29 août 2023 • Durée 41:59
This inaugural episode of the new FNN show Between the Lines with the Administrative Conference of the United States takes listeners “between the lines” of issues in administrative law and government procedures, as well as the work of the Administrative Conference (ACUS) on those issues.
This first episode will give you some background information to help you understand what ACUS is, what it does, and what issues its been working on recently and at present. Your host for this program is Andrew Fois, the current ACUS Chair. The guests include former ACUS Chair Paul Verkuil (2010-2015), long-time ACUS Council member Ron Cass, and Council member Funmi Olorunnipa Badejo.
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Contractors in Rulemaking and a Life in Administrative Law
vendredi 8 novembre 2024 • Durée 45:56
In this episode of Between the Lines with ACUS, host Andrew Fois looks “between the lines” of the issues surrounding administrative agency use of contractors in rulemaking.
Contractors are ubiquitous in the federal government performing a wide range of functions in the rulemaking process. Two academic experts, who wrote a report for ACUS in 2022 on the subject will discuss the way agencies use contractors in rulemaking, the advantages and disadvantages of doing so, and the legal and other obligations that such use involves. The report informed an official ACUS Recommendation on the subject.
In the second half, we will meet Chai Feldblum, an accomplished attorney and a public ACUS member who has had an amazing career in administrative law.
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