Thank you and congratulations to our 2019-2020 Editorial Board.
The Regulatory Review would like to thank the members of the 2019-2020 Editorial Board for their hard work and dedication over the past few years. We offer our congratulations to them on their graduation from the University of Pennsylvania Law School.
“Every year is a busy one for anyone who follows regulation. This past year has been no exception. Yet through it all, the members of last year’s editorial board worked diligently to continue this publication’s outstanding coverage of important new policy developments, legal decisions, research, and commentary,” noted Cary Coglianese, a professor at Penn Law and the faculty advisor to The Regulatory Review.
The current board offers this special feature on the day of Penn Law’s official graduation to honor and thank the 2019-2020 board members for making membership on The Regulatory Review’s staff so enjoyable. These editors have given exceptional guidance, patience, and commitment to the 2020-2021 Editorial Board. Their support, compassion, and kindness have not gone unnoticed, and we are so proud of all they have accomplished.
“Thanks to the past board’s leadership and teamwork, The Review implemented several important innovations in terms of internal management as well as new outputs and regular features for readers,” said Coglianese. “I celebrate their graduation, salute them for their many accomplishments in law school, and wish each of them all the best for continued success,” he added.
As our outgoing board members graduate from law school, we know that their futures are exceptionally bright—and we would like to take this opportunity to celebrate their accomplishments and highlight some of their work published in The Review. We have loved learning from them, sharing snacks with them, and, more than anything, getting to know them as colleagues and friends.
Congratulations and thank you!
— 2020-2021 Editorial Board of The Regulatory Review
Simone Hussussian, Editor-in-Chief
June 9, 2020 | Will State Public Options Deliver on Health Care Reform? | States developing public options may offer the federal government valuable lessons in expanding access to care at a lower cost.
May 26, 2020 | COVID-19 and Access to Medical Care in the United States | Although Congress has failed to take big steps to ensure access to COVID-19 care, states are taking small but significant steps.
February 26, 2020 | The Health Sharing Duck | Health care sharing ministries seem similar to traditional health insurance, but they evade the scrutiny of federal and state regulators.
January 29, 2020 | The Little Health Bill That Could | A proposed law would reduce the amount households spend on health care each year.
December 11, 2019 | How Ending an ACA Subsidy Was Worth its Weight in Silver | Court sides with insurance companies in cost-sharing subsidies class action despite their use of “silver loading.”
October 2, 2019 | Is Health Care Price Transparency Key to Lowering Costs? | A proposed rule seeks to force hospitals to disclose secret prices negotiated with health insurance companies.
August 19, 2019 | Fixing the Family Glitch | Ambiguous language in the Affordable Care Act could keep affordable health care out of reach of millions.
June 20, 2019 | Will the Affordable Care Act Die by Non-Enforcement? | U.S. cities file suit to force the Trump Administration to keep Obamacare alive.
May 14, 2019 | Will an All-Payer System Lower Health Care Costs? | Maryland’s global budgeting scheme for hospitals may be a model for controlling rising health care prices.
April 12, 2019 | Should the Federal Government Allow States to Require Medicaid Recipients to Work? | A federal judge strikes a blow to two states’ Medicaid work requirements.
January 28, 2019 | Judge Suspends Rules Expanding Exemptions to the Contraceptive Mandate | National injunction stops corporations from claiming religious or moral exemptions to birth control coverage.
December 21, 2108 | New Approach to Affordable Care Act Waivers Causes Controversy | The Trump Administration encourages states to use “innovation waivers” to find new ways to lower costs.
November 16, 2018 | Proposed Rule Aims to Make Drug Pricing More Transparent | A proposed requirement to display drug list prices in advertisements draws controversy.
Marissa Fritz, Managing Editor
September 24, 2020 | Reducing Surprise From Out-of-Network Bills |In a recent report, researchers advocate limits to the fees that out-of-network health care providers can charge.
August 27, 2020 | Regulating the Use of Genetic Information | Scholar advocates expanding federal legal protections against genetic discrimination.
July 15, 2020 | Using Subjective Evidence in FDA Review | Scholars call for greater transparency in how FDA uses subjective evidence in treatments for brain injuries.
April 28, 2020| Regulating Rationing During the COVID-19 Crisis | Regulators and policymakers review old rules and propose new guidelines for rationing ventilators.
April 22, 2020| Encouraging Competition Through Generic Drugs | FDA clarifies its generic drug approval process in an effort to encourage market competition.
January 7, 2020 | Determining the Safety of CBD Products | FDA warns consumers that the agency has not evaluated most CBD products and cannot say they are safe.
June 13, 2020 | More Regulation Needed to Combat Risks From Cosmetics | Scholar argues that the association between cosmetics and femininity has contributed to harmful under-regulation.
March 26, 2019 |Determining How to Regulate Encapsulated Placenta | Scholar argues that FDA should use a narrowly tailored framework to regulate encapsulated placenta pills.
October 24, 2018 | Invoking a Right to Try in Regenerative Medicine | Scholars caution against using the Right to Try Act to skirt regulation for regenerative therapies.
Edward Hale, Executive Editor
August 20, 2020 | The Newest Label Coming to a Grocery Store Near You | Starting in 2022, food producers will be required to label genetically engineered foods.
January 28, 2020 | Regulating Hemp | After a long struggle, farmers will soon be able to grow industrial hemp in the United States.
November 13, 2019 | Applying Judge-Made Law to Insider Trading | Scholar argues that judges, rather than the legislature, should continue to regulate insider trading.
September 4, 2019 | Can the President Modify a Monument? | Scholar argues that only Congress has the power to modify a National Monument.
August 13, 2019 | Creating a Right to Disconnect | Scholar recommends regulatory protections that would limit electronic correspondence after the workday.
May 27, 2019 | Bringing Sunscreen into the 21st Century | A recent FDA proposed rule would transform over-the-counter sunscreen regulation.
May 16, 2019 | The Uncertain Regulatory Future of Marijuana-Based Oil | Upcoming FDA hearing could set the course for regulatory approval of the burgeoning CBD industry.
March 20, 2019 | Got Soy Beverage? | Plant-based milk producers may soon no longer be able to put “milk” on their labels.
January 1, 2019 | Problems in Federal Wild Horse Management | Wild horse and burro population growth may soon overwhelm the federal government.
Kate Mancuso, Executive Editor
July 30, 2020 | Does the Sharing Economy Share Too Much? | Scholar recommends consumer protection laws to combat misuse of data in the sharing economy.
April 23, 2020 | Rethinking the Regulation of Dog Breeds | Municipalities must reexamine existing pet ordinances as a new state law takes effect.
February 13, 2020 | FDA Announces Age Change for Tobacco Sales | Online announcement declares that new tobacco age restrictions are effective immediately.
January 16, 2020 | A New Era for the ERA | The Equal Rights Amendment raises questions of congressional authority.
October 16, 2020 | Would a National Popular Vote Make Every Vote Count? | Proposed legislation could change state regulations that allocate presidential electoral votes.
September 17, 2019 | Vaping Products Going Retro Through Regulation | The Trump Administration plans to eliminate flavored vaping products from the market.
August 28, 2019 | Does Presidential Ideology Influence OIRA Review? | Scholars report that White House review exerts a deregulatory influence on agency rulemaking.
May 9, 2019 | Risk of Measles on the Rise | New York City has taken an unprecedented step to control the spread of measles.
April 25, 2019 | The Black Box of College Admissions | State legislators and the U.S. Education Department are scrutinizing college admissions practices.
March 14, 2019 | How the Trump Administration Might Defend Its Border Emergency | The validity of the newest national emergency could be supported by decades-old emergencies.
January 22, 2019 | Robots Are People Too…Maybe | Scholar argues that robots should be regulated based on three key individual traits.
January 3, 2019 | The Rise of Electric Scooter Regulations | U.S. cities grapple with the regulatory challenges posed by electric scooter sharing programs.
Joseph DeQuarto, Senior Editor
July 29, 2020 | The Administrative State Is Neglecting Regulatory Benefits | Scholar argues for regulatory reforms grounded in an intense focus on net benefits.
February 18, 2020 | Landmark Environmental Rules Slated for Overhaul | A proposed rule aims to facilitate economic growth at the expense of federal environmental reviews.
February 4, 2020 | Proposed EPA Rule May Permit More Toxic Water Pollution | EPA’s proposed relaxation of a rule restricting water pollution from coal plants generates controversy.
September 19, 2019 | Automakers Prefer Self-Regulation to Regulatory Uncertainty | Faced with uncertainty over fuel economy standards, four automakers choose to support stronger government regulation.
August 14, 2019 | Is Private Governance a Viable Alternative to Climate Regulation? | Scholar argues that private governance initiatives offer considerable potential to combat climate change.
April 18, 2019 | Combatting Deregulation with Regulatory Horcruxes | Scholar argues that spreading regulatory authority may insulate programs from future deregulatory pressures.
January 30, 2019 | Strengthening Eco-Labeling Regulation | Scholar argues that many companies use unsubstantiated environmental claims to mislead consumers.
December 20, 2018 | Latest Interpretation of Clean Water Act Creates Circuit Split | Courts disagree over the Clean Water Act’s applicability to the discharge of pollutants into groundwater.
Jared Kadich, Senior Editor
February 7, 2020 | The Origins of GAO’s Ukraine Funding Report | Government Accountability Office report on military aid reflects historical tug-of-war between Congress and the President.
August 21, 2019 | Fixing the Shortfall in Highway Infrastructure Funding | A recent report highlights funding gaps for infrastructure and potential fixes.
Daniel Kees, Senior Editor
September 22, 2020 | The Business of Education | Scholar asserts that education reforms, which have often tracked private sector regulatory schemes, have failed to achieve equal educational opportunity.
May 12, 2020 | Learning in the Age of Social Distancing | An Education Department proposal paves the way for a new normal in online instruction.
April 29, 2020 | Zoom’s Big Boom | A lawsuit brought under the CCPA may drastically alter the data privacy landscape.
April 13, 2020 | ISIS the Art Dealer | Stronger regulations are needed to combat antiquities trafficking that finances terrorist activity.
April 2, 2020 | Student Loan Disservice? | A recent lawsuit highlights tensions between two federal agencies overseeing the management of student loans.
February 25, 2020 | Changing the Credentials in College Accreditation | The Education Department issues controversial revisions to college accreditation rules.
September 26, 2019 | We Need to Talk About ICOs | Cryptocurrency experts critique the current regulation of secretive token sales.
September 2, 2019 | Righting a Wrong Against Teachers | Thousands of teachers could see loan debt disappear as the Education Department tries to correct a past mistake.
February 6, 2019 | The New Face of Title IX Due Process | Education Department’s proposed rule could transform procedural protections under Title IX.
Mark Nakahara, Senior Editor
August 26, 2020 | Making Social Media Self-Regulation More User-Centered | Scholar argues that social media companies should be more democratic in restricting political advertisements.
August 6, 2020 | Regulatory Solutions for Personalized Pricing | Scholars consider methods to regulate the practice of setting individualized prices based on personal data.
July 16, 2020 | The Continued Grounding of the Boeing 737 MAX | The grounding of the 737 MAX has revealed potential issues in the FAA’s aircraft certification process.
June 18, 2020 | Establishing Better Fisheries Regulation | Scholars argue for reforms to Canada’s aquaculture regulatory system.
March 24, 2020 | Deregulating Rail Transportation of Liquefied Natural Gas | Proposed rule aims to make it easier to ship liquefied natural gas by rail.
February 12, 2020 | The Regulation of American Archaeology | Federal regulation of domestic and international archaeology comes from a variety of agencies.
January 15, 2020 | Planning for the Return of Supersonic Commercial Aviation | The FAA is proposing updates to a rule governing supersonic aircraft testing.
November 5, 2019 | Examining the Past and Future of Copyright Regulation | Scholar discusses how the Copyright Office could exercise broader rulemaking power.
October 10, 2019 | Where’s the Plant-Based Beef? | Scholar argues for promotion of environmentally conscious plant-based diets through regulation.
September 25, 2019 | Curbing the Spotted Lanternfly | Northeastern states are attempting to stop the spread of an invasive species that threatens crops.
August 26, 2019 | Can Limits on Airbnb Help Lower Long-term Rent? | Scholar argues that Santa Monica’s regulation of Airbnb listings has not reduced long-term rental prices.
August 6, 2019 | Regulatory Solutions for Personalized Pricing | Scholars consider methods for regulating individualized prices based on personal data.
March 19, 2019 | The Grounding of the Boeing 737 Max | FAA joins aviation regulators worldwide in grounding planes following two fatal crashes.
March 6, 2019 | High-Speed Rail Gets on Track | A final rule published by the Federal Railroad Administration sets new standards for high-speed trains.
January 10, 2019 | Putting the Brakes on Crude Oil Train Regulation | Experts say rescission of brake regulation could create serious safety risks.
October 22, 2018 | Sanctuary Outside of Big Cities | Smaller local jurisdictions are adopting pro-immigration policies at an unprecedented rate.
Pictured in the first row from left to right: Simone Hussussian, Editor-in-Chief; Marissa Fritz, Managing Editor; Edward Hale, Executive Editor; Kate Mancuso, Executive Editor.
Pictured in the second row from left to right: Joseph DeQuarto, Senior Editor; Jared Kadich, Senior Editor; Daniel Kees, Senior Editor; Mark Nakahara, Senior Editor.