AALS Hot Topic Program

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Session Type: AALS Hot Topic Programs

Session Capacity: N/A

Location: Washington Marriott Wardman Park Hotel

Room: Wilson A

Floor: Mezzanine Level

The use of guidance documents in regulatory agencies is one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule. This makes change easier, faster, and less subject to review. Under previous administrations, guidance documents were used to implement policies in many subject areas, including civil rights and immigration. The current administration has rolled back many of these policies. This program consists of a moderated panel on recent developments in the use of guidance documents.The speakers will highlight two reports to the Administrative Conference of the United States proposing changes to Administrative Procedure Act and an executive order mandating increased use of notice and comment. They will comment on controversies involving DACA and Title IX that demonstrate the stakes of change.