Between the Lines

Latest Episodes:

Non-lawyer assistance in adjudication and a life in administrative law Jan 25, 2025

Show notes

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 Dec 07, 2024

Show notes

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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Contractors in Rulemaking and a Life in Administrative Law Nov 08, 2024

Show notes

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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Lives in administrative law Oct 12, 2024

Show notes

This episode will again take us Between the Lines of administrative law and agency procedures through talks with two notable people, both good friends of ACUS, who have had accomplished careers in administrative law and agency porcedures.

Host Andrew Fois will guide our guests through the work they have done throughout their careers as well as their thoughts on the development and present state of administrative law.

In the first half of the show Fois will be joined by professor Jeff Lubbers of the Washington College of Law and former ACUS research director.

In the second half, we will meet Susan Dudley, professor at the George Washington University Law School and former director of the Office of Information and Regulatory Affairs.

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Individualized Guidance and A Life in Administrative Law Sep 12, 2024

Show notes

On this episode of Between the Lines, host Andy Fois and his guests will delve into the question of “individualized guidance.”

Under what circumstances do - and should - agencies provide requestors with guidance about compliance with their programs? And, if given, can requestors, and even third parties, rely on that guidance?

An academic expert and ACUS attorney will discuss a report and the ACUS recommendation on the subject. Then, BTL will begin a new feature of the show called “A Life in Administrative Law” which will interview people with significant experience in administrative law and agency processes. We will discuss guests’ careers and their views on administrative law. Our first guest will be the Hon. John Vittone.

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Recent administrative law cases decided by the US Supreme Court Jul 19, 2024

Show notes

In this episode of Between the Lines with the Administrative Conference of the United States, host Andrew Fois and his guests will discuss the three significant administrative law cases decided by the United States Supreme Court at the end of its 2023-2024 term.

These are: Loper Bright Enterprises v. Raimondo, SEC v. Jarkesy, and Corner Post v. Federal Reserve. These decisions were previewed in an earlier episode of Between the Lines.

On this program, an expert guest will address his theory of the meaning and future application of the Loper Bright case, which overruled a long-standing Supreme Court case called Chevron v. NRDC. The professor’s take on the case differs from that of most observers so far.

In the second half of the show, we explore the question of how federal administrative agencies can best manage the congressional constituent services requests that are regularly referred to them by members of Congress. This subject, also known as casework, will be discussed with the author of a recent report to ACUS and the attorney advisor who shepparded the resulting ACUS recommendation informed by that report.

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Lessons learned in international regulatory cooperation Jun 25, 2024

Show notes

On this episode of Between the Lines with the Administrative Conference, host Andrew Fois takes a look at a vital issue in an interconnected world: international regulatory cooperation.

Other nations are issuing regulations, or not doing so, on the same things that the United States is. How do those regulations or lack thereof become reconciled? Lots of countries build airplanes and issue regulations regarding their construction and use. But these planes fly into and out of countries all over the world.

Regulations regarding anti-terrorism regulations often differ. Many food and drug regulations differ from country to country and those differences may restrict free trade. The way these differences are reconciled is through international regulatory cooperation.

In this episode, three experts from academia will be discussing what international cooperation is, how it got started, its current status, and prospects for its future.

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Agency-imposed user fees and agency use of precedential decision-making May 24, 2024

Show notes

On this episode of Between the Lines with the Administrative Conference of the United States, ACUS Chair Andrew Fois takes you between the lines of two important contemporary issues in administrative law: agency-imposed user fees and agency use of precedential decision-making.

ACUS has recently studied and issued recommendations to federal administrative agencies in both these areas. Its recommendation on user fees points to factors that agencies and Congress should consider when setting up a user fee program, including identifying the purposes of the fees, the potential for unintended consequences, and best ways to communicate with the public about them.

ACUS also identifies best practices for whether, when, and how agencies should make use of precedential decision-making in agency adjudications including identifying them both internally and publicly.

Academic experts and government guests will be on hand to discuss both issues.

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Improving the administrative adjudication process Apr 25, 2024

Show notes

This episode of Between the Lines takes a look at an issue that affects tens of millions of Americans and American businesses each year who are subject to adjudication procedures with a federal administrative agency.

First, the episode explains what administrative adjudication is. Then it drills down on two timely issues: how can online processes be used to improve adjudications for all parties and what procedures should be provided to parties when the Administrative Procedure Act does not mandate a specific process for more informal adjudications. Both questions were the subject of recommendations to agencies by the Administrative Conference of the United States in 2023.

Three experts in the field, two from the federal government and one from academia, will discuss their reports and the recommendations on the subjects.

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Agency transparency and public engagement Apr 01, 2024

Show notes

This month on Between the Lines with the Administrative Conference, host Andy Fois and a panel of experts will explore questions about the transparency of administrative agencies and how they can do a better job of providing for public participation and engagement.

Witnesses from the Office of Management and Budget will explain a recent request for information that it issued to receive input from the public on how to improve Public Participation and Community Engagement (PPCE) with federal agencies.

A law professor will discuss a study and recommendation from ACUS on how agencies can best conduct virtual public engagement.

A study and ACUS recommendation about agency transparency of legal materials will be the subject of the second half of the show. The guests are the author of the report and an ACUS member who led the adoption of the recommendation.

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