Celebrating The Regulatory Review’s Tenth Anniversary

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To commemorate The Regulatory Review’s 10th anniversary, leading scholars and practitioners reflect on regulation’s past, present, and future.

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This year, The Regulatory Review enters its second decade of publication.

During the last ten years, The Review has featured written analysis from nearly 400 pathbreaking scholars, practicing attorneys, legislators, and experts. We are proud and grateful to have served as a home for our contributors’ research, analysis, and debate about vital regulatory policies and developments.

The Review has also featured essays from more than 400 student authors from the University of Pennsylvania. Our thoughtful and dedicated student staff members keep The Review up and running. Their exceptional work has ensured that The Review has provided, and will continue to provide, accurate and accessible resources to inform both specialists and the general public about regulation and administrative government.

To commemorate The Review’s first decade of publishing daily regulatory news, analysis, and opinion, we asked both leading regulatory scholars and distinguished regulatory leaders to reflect on regulatory changes and developments over the past ten years, or share their insights into the future of regulatory law and policy. We are thrilled to feature this series of essays offering a variety of perspectives on regulation across a range of substantive areas.

The series opens with an edited version of the 2020 Distinguished Regulation Lecture at the University of Pennsylvania Law School, delivered by Sally Katzen of the New York University School of Law, who served as the Administrator of the Office of Information and Regulatory Affairs from 1993 to 1998.

In addition to Professor Katzen’s distinguished lecture, this series features contributions from all of the past Editors-in-Chief of The Regulatory Review, as well as an essay by our faculty advisor, Cary Coglianese of the University of Pennsylvania Law School. It also features essays by the following contributors: Joseph E. Aldy of the Harvard Kennedy School; Susan E. Dudley of George Washington University; Herbert Hovenkamp of the University of Pennsylvania Law School; Troy Paredes, a former Commissioner of the U.S. Securities and Exchange Commission (SEC); Elizabeth Pollman of the University of Pennsylvania Law School; and Richard J. Zeckhauser of the Harvard Kennedy School.

Hidden in Plain Sight: Why Regulations Need a Fresh Look

September 28, 2020 | Sally Katzen, New York University School of Law

The antagonism to regulation in the United States today is palpable, and the rhetoric is out of proportion to reality. We should try to understand where the reason—or passion—is coming from so that we can at least consider whether there is something that could be done to rectify or ameliorate the situation.

The Art of the Climate Change War

September 29, 2020 | Joseph E. Aldy and Richard J. Zeckhauser, Harvard Kennedy School

Environmental policy has traditionally focused on a myopic one-prong tactic to fighting climate change. That prong is mitigation, the curbing of emissions. A well-crafted strategy to address the risks posed by climate change would engage three prongs: continuing mitigation, while adding adaptation and amelioration to the armamentarium.

A Decade of Political Swings, and Consistency

September 30, 2020 | Susan E. Dudley, George Washington University Regulatory Studies Center

The past decade has seen dramatic shifts in regulation, with two administrations that arguably pursued the most regulatory and least regulatory agendas of any presidents in recent history. Yet, despite the changes in regulatory rhetoric over the last decade, core principles and practices have endured.

Antitrust and Regulation Over Time

October 1, 2020 | Herbert Hovenkamp, University of Pennsylvania Law School

One consequence of deregulation since the 1980s has been the gradual expansion of antitrust law to fill the expanding amount of empty regulatory space. It is not antitrust’s purpose to fix regulation. It can, however, ensure that an industry action is really authorized and reviewed by governmental actors.

The Evolution of Delaware’s Corporate Oversight Doctrine

October 5, 2020 | Elizabeth Pollman, University of Pennsylvania Law School

A half century ago, Delaware corporate law placed no duty on a board of directors to implement a system for monitoring the company’s regulatory compliance, absent cause for suspicion of wrongdoing. Times have changed.

Innovation and Securities Regulation

October 6, 2020 | Troy A. Paredes, former Commissioner of the U.S. Securities and Exchange Commission

The framework and structure of federal securities regulation has fared remarkably well across decades of technological change, but recent technological developments require the SEC to modernize some rules and regulations so that the regulatory regime does not hinder innovation.

Reflecting on a Decade of The Regulatory Review

October 7, 2020 | The Regulatory Review’s Editors-in-Chief

The Regulatory Review is proud to feature this collection of reflections from the talented staff members who have led this publication over the years. All of our former Editors-in-Chief—and our current Editor-in-Chief—reflect on their experiences and celebrate what makes this publication extraordinary.

Ten Years of Regulatory Guidance

October 12, 2020 | Cary Coglianese, University of Pennsylvania Law School

When this publication officially launched over ten years ago, no one ever imagined it would become such a successful vehicle both for increasing public understanding of regulatory issues and helping a new generation of regulatory professionals and leaders learn and grow.