The Regulatory Week in Review: October 30, 2015

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The FDA and DOT take steps to regulate electronic cigarettes, twenty-four states challenge the EPA’s Clean Power Plan, and more…

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IN THE NEWS

  • Expressing his concerns with standardized testing, President Obama asked the U.S. Department of Education (DOE) to work with states and school districts to ensure that all school tests satisfy three principles: they are of high quality, do not occupy excessive classroom time, and are not used as the only source of information to gauge student progress.
  • In light of recent state efforts to regulate the fantasy sports industry—such as the introduction of a California bill this week that would mandate fantasy sports licensing— the Fantasy Sports Trade Association announced the Fantasy Sports Control Agency, an “independent agency charged with creating a strict, transparent and effective system of self-regulation” over fantasy sports businesses.

WHAT WE’RE READING THIS WEEK

  • In a forthcoming article for the New York University Law Review, Professor Neomi Rao discussed her notion of a “collective Congress,” in which congressional members can only act as a group. Rao argued that delegation of legislative power disrupts this idea, because it gives individuals members the ability to yield administrative influence.