Editor's Note What's New

• Jurisdiction: United States,Federal
• Citation: Vol. 1 No. 4
• Publication year: 2023

[Page 265]

Victoria Prussen Spears ^*

What's new in the realm of federal agency action? Plenty! Just look at the titles of the articles in this issue. Nearly half use the word "new"—one uses it twice. Another uses the word "first," which, practically speaking, is another word for "new."

And even the articles that do not reference "new" in their titles cover timely, and important—and, yes, "new"—subjects.

ALJs

Our first article, "U.S. Supreme Court Deals Latest Setback to Federal Government's Use of Administrative Law Judges," is by Michael D. Birnbaum, Haimavathi V. Marlier, Gerardo Gomez Galvis, and Justin Young of Morrison & Foerster LLP.

In this article, the authors explain that a recent decision by the U.S. Supreme Court created doubt about the administrative law judge procedure on which the Securities and Exchange Commission so critically relies.

APA

Next, Steven D. Gordon of Holland & Knight LLP explains in his article, "Expanding the Administrative Record in Administrative Procedure Act Litigation," that in most Administrative Procedure Act cases, there is no issue about the completeness of the administrative record. The basis for the agency's action is fully disclosed in the record that it produces. And when an administrative record is incomplete, the matter can sometimes be resolved...