Featured Regulatory Series of 2021

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The Regulatory Review highlights its series published over the past year.

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Throughout the year, The Regulatory Review highlights key regulatory debates and developments by publishing series of essays grouped around a single topic. We are pleased to highlight all eleven series published by The Regulatory Review in 2021. The series are arranged below in chronological order.

Regulatory Review Reimagined

Feb 15, 2021

In this series of essays, leading scholars analyzed President Biden’s “Modernizing Regulatory Review” memorandum. They considered how the role of the Office of Information and Regulatory Affairs might change under the new Administration and the actions agencies might take to address President Biden’s call for an increased focus on public health, social welfare, and racial justice in the development of regulatory policy.

Native Peoples, Tribal Sovereignty, and Regulation

March 15, 2021

This year, U.S. Secretary of the Interior Debra Haaland made history as the first Native American to lead a cabinet-level department in the U.S. federal government. This series explored some of the most pressing regulatory issues on her desk affecting how Native American communities experience government and law, as well as how existing systems of power ignore and exclude Native peoples and governments.

Regulation in the Era of Fintech

April 26, 2021

New financial technology, or “fintech,” promises to make the financial system faster, better informed, and more global. As we saw this year, its rise is dramatically changing the financial sector. This series highlighted the way fintech will continue to impact financial institutions, markets, and regulators in the future.

Improving the Accessibility and Transparency of Administrative Programs

May 24, 2021

We invited scholars to comment on the Administrative Conference of the United States’ most recent recommendations following its 73rd plenary session, including the importance of ensuring that administrative procedures are accessible and transparent to the public.

LGBTQ+ Rights and Regulation

June 21, 2021

In honor of Pride Month, The Regulatory Review brought together leading scholars to examine how institutional and administrative barriers persist that affect LGBTQ+ individuals. This series seeks to highlight issues that distinctively impact LGBTQ+ communities and how regulation has both the potential to expand and restrict the rights of LGBTQ+ people.

The Supreme Court’s 2020-2021 Regulatory Term

July 19, 2021

The Regulatory Review invited leading scholars and analysts from across the country to assess the U.S. Supreme Court’s regulatory decisions from its recently concluded term.

Reflecting on 25 Years of HIPAA

August 16, 2021

Celebrated as the first national health privacy law in the United States, the Health Insurance Portability and Accountability Act (HIPAA) created a regulatory framework for the protection of many types of health information. The Regulatory Review developed this series to commemorate HIPAA’s passage by examining its strengths and weaknesses and identify possible recommendations for future health privacy reform.

Regulating Elections in the United States

September 20, 2021

The right to free and fair elections is a core tenant of American democracy. But what precisely does “free and fair” mean in 2021? This series invited scholars and practitioners to explore this urgent question and comment on trends in state and federal election laws across the country.

Regulation and Disability Rights

October 25, 2021

In commemoration of disability awareness month, we invited scholars to reflect on the impact and unfinished legacy of the Americans with Disabilities Act (ADA), a landmark law that seeks to protect people with disabilities against discrimination in areas such as employment, transportation, and public and private accommodations.

Improving Participation, Impact, and Fairness in the Administrative State

November 8, 2021

These essays comment on the Administrative Conference of the United States’ most recent recommendations following the 74th Plenary session. These essays offer guidance and recommendations on how agencies can enhance the periodic retrospective reviews of regulations, expand the early involvement of rulemaking experts, improve their management of mass and computer-generated comments on proposed rules, and make more reliable use of virtual methods to conduct adjudicatory hearings.

Mass Comments in Administrative Rulemaking 

December 13, 2021

We invited experts to explore normative questions related to mass comments following the Administrative Conference of the United States’ most recent recommendation. This series sought to explicate the value of and precise role for mass comments, how the public should engage in the rulemaking process, and how agencies might respond to the phenomena of mass comment campaigns.

This page is part of a five-part series, entitled The 2021 Regulatory Year In Review.