Document Type
Article
Publication Date
2023
Status
Working
Abstract
Professor Pierce wrote this essay for inclusion in a symposium on the future of agency adjudication:
In 1946, Congress and the Supreme Court unanimously embraced a method of conducting agency adjudications. We abandoned that method gradually through a variety of steps that we have taken in the ensuing years. We should return to the original model for conducting agency adjudications.
In section one, I describe and evaluate the method of agency adjudication that Congress adopted in the Administrative Procedure Act of 1946 after years of study and debate. In section two, I describe and criticize the changes that we have made in that method. In section three, I explain why a return to the original 1946 method of agency adjudication is entirely consistent with the Supreme Court’s recent emphasis on separation of powers.
GW Paper Series
2023-42
SSRN Link
https://ssrn.com/abstract=4536786
Recommended Citation
Pierce, Richard J. Jr, "To Find the Best Future System of Agency Adjudication We Should Return to the Past" (2023). GW Law Faculty Publications & Other Works. 1691.
https://scholarship.law.gwu.edu/faculty_publications/1691