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Full-Text Articles in Law
Fda In The Time Of Covid-19, Elizabeth Mccuskey
Fda In The Time Of Covid-19, Elizabeth Mccuskey
Faculty Scholarship
Over the past century, Congress has made the Food & Drug Administration (FDA) responsible for regulating the safety and efficacy of drugs and devices being deployed in the fight against the COVID-19 pandemic. The FDA’s regulatory infrastructure was built for public health threats and to combat manufacturers' misinformation about treatments.
This article spotlights the ways in which FDA has been adapting to a new challenge during the COVID-19 pandemic: combating misinformation emanating from within the executive branch.
The Automated Administrative State: A Crisis Of Legitimacy, Danielle K. Citron, Ryan Calo
The Automated Administrative State: A Crisis Of Legitimacy, Danielle K. Citron, Ryan Calo
Faculty Scholarship
The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions.
In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …