The Tax Court's recent decision in Intermountain Insurance Service of Vail, LLC v. Commissioner addresses the validity of temporary regulations under I.R.C. §§6229 and 6501 extending the statute of limitations on assessment to six years when the taxpayer overstates basis resulting in an...

The Supreme Court's decision in Massachusetts v. EPA is only the most recent example of judicial review of an agency's decision not to take a regulatory action. Despite the importance of this type of judicial review, it has received very little analysis by administrative law scholars or the...

In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the FTC offered its first elaboration upon this framework. On behalf of all 5 members,...

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...