Reforming Administrative Adjudication

Administrative Law & Regulation Practice Group Teleforum

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Agencies formally adjudicate a massive number of federal cases with administrative law judges. This delegation of judicial power is justified by the alleged lack of time and expertise of federal courts as compared to agencies. In this essay, Professor Michael Rappaport argues that ALJs should be replaced with Article III administrative judges that have expertise in a subject (such as health, science, or economics) rather than one agency.

This teleforum will address numerous issues surrounding the proposed reform, including the practicality of adding so many Article III judges, the constitutional problems with the current system of formal agency adjudication, and the benefits of subject matter expertise.


Professor Michael B. Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law

Moderator: Professor Jennifer L. Mascott, Assistant Professor of Law, Antonin Scalia Law School

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