Administrative law judges are neglected but powerful actors in public welfare bureaucracies, presiding over quasi-judicial hearings triggered if participants challenge a bureaucratic decision on public welfare benefits. Drawing on ethnographic observations of fair hearings as well as interviews...

Within most areas of administrative law, courts review decisions of the administrative agency for abuse of discretion, based on the administrative record. This is generally not the case when final decision of the Internal Revenue Service regarding collection actions are subject to judicial...

The archetype of the New Deal agency, exercising neutral, technocratic expertise, is no longer tenable. As Richard Stewart (1975) noted thirty-five years ago, administrative law “is undergoing a fundamental transformation.” Following Stewart, the modern explanation in legal scholarship of...

This paper advocates for a more active role for adjudicators, one in which they provide direction to parties and actively shape the hearing process. Indeed, active adjudication can be an important access to justice tool. Without some direction and assistance from the adjudicator, growing numbers...

As part of the UCLA Law Review's Symposium on The Safeguards of Our Constitutional Republic, this Article argues that it is a mistake to fixate on courts as the core safeguard in the modern administrative state. So much of administrative law happens without courts. Put differently, federal...

The chapter investigates the role of domestic courts in the management of foreign relations (FRs). Combining insights from the ongoing trend towards the ‘administrativisation’ of the jurisdictional function and the theoretical approach of Global Administrative Law (GAL), it explores whether...