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How Should The Court Respond To The Combination Of Political Polarity, Legislative Impotence, And Executive Branch Overreach?, Richard J. Pierce Jr
How Should The Court Respond To The Combination Of Political Polarity, Legislative Impotence, And Executive Branch Overreach?, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this essay, Professor Pierce discusses two related problems that the Supreme Court must address—the large increase in nationwide preliminary injunctions issued by district judges to prohibit the executive branch from implementing major federal actions and the large increase in the number of cases in which the Supreme Court either stays or refuses to stay preliminary injunctions without providing an adequate explanation for its action. He begins by describing the sources of the two problems and the many ways in which they threaten our system of justice. He then urges the Court to issue an opinion in which it provides …
An Expanded Version Of Oira Can Ensure Democratic Accountability In The Administrative State, Richard J. Pierce Jr
An Expanded Version Of Oira Can Ensure Democratic Accountability In The Administrative State, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this contribution to a symposium, Professor Pierce argues that the most promising way of ensuring democratic accountability in the administrative state is to combine an expanded version of OIRA with complementary doctrines.
Judicial Review Of Scientific Uncertainty In Climate Change Lawsuits: Deferential And Nondeferential Evaluation Of Agency Factual And Policy Determinations, Robert L. Glicksman, Daniel Kim, Keziah Groth-Tuft
Judicial Review Of Scientific Uncertainty In Climate Change Lawsuits: Deferential And Nondeferential Evaluation Of Agency Factual And Policy Determinations, Robert L. Glicksman, Daniel Kim, Keziah Groth-Tuft
GW Law Faculty Publications & Other Works
Scientific determinations are often at the heart of environmental disputes. When those disputes take the form of litigation, the courts may be called on to determine whether an administrative agency’s treatment of the science warrants deference. For several reasons, judges are inclined to apply deferential review to agency factual and policy science-based determinations. Most judges are not trained in the language and methods of science. They may be reluctant to intervene on matters on which their lack of expertise risks producing uninformed judgments. If a statute delegates to an agency the responsibility of making those determinations, courts may be loath …
Artificial Intelligence Accountability Of Public Administration, Francesca Bignami
Artificial Intelligence Accountability Of Public Administration, Francesca Bignami
GW Law Faculty Publications & Other Works
This article canvasses the use and regulation of artificial intelligence (AI) in US administrative agencies. It is structured as a reply to the questionnaire circulated in advance of the 2022 International Congress of Comparative Law for purposes of preparing the national reports and the general report on the topic of “Artificial Intelligence Accountability of Public Administration.” In large part, the questionnaire’s point of reference is the comprehensive regulation of AI in the European Union’s proposed AI Act. The US reply, contained in this article, highlights the many lacunae in US regulation of AI, similar to the US’s patchwork approach to …