Featured Regulatory Series of 2023

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

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Throughout the year, The Regulatory Review highlights key regulatory debates and developments by publishing multiple series of essays grouped around individual topics. We are pleased to highlight all eight series published by The Regulatory Review in 2023. The series are arranged below in chronological order.


Mobility Justice

The Regulatory Review invited scholars to discuss rapid infrastructure improvements and how regulation can promote mobility justice, or the “right to move in the world,” to ensure these improvements consider accessibility and social equity.


ESG and Retirement Plan Investing

The Department of Labor issued a rule amending ERISA regulations to allow plan fiduciaries to consider environmental, social, and governance factors in investment decisions. The Regulatory Review invited lawyers and scholars to discuss use of ESG in retirement investments and offer perspectives on this new rule.


Improving and Disclosing Agency Decisions

At its 78th plenary session, ACUS published recommendations for improvements to administrative and regulatory processes relating to use of agency precedents in administrative decisions, public accessibility of agency settlement agreements, and use and public availability of agency enforcement manuals. The Regulatory Review invited experts and ACUS staff who participated in developing these recommendations to share their insights.


The Supreme Court’s 2022-2023 Regulatory Term

The Regulatory Review invited leading scholars to assess the U.S. Supreme Court’s regulatory decisions from its concluded term, including National Pork Producers Council v. Ross, Perez v. Sturgis Public Schools, and 303 Creative v. Elenis.


Agile Regulation in a Changing World

Earlier this year, the Penn Program on Regulation hosted a panel discussion on agile regulation, a framework for designing flexible regulation that can adapt to a rapidly changing world. The Regulatory Review then invited panel participants to write essays about the challenges and opportunities presented by agile regulation.


Using Technology to Improve Administration

At its 79th plenary session, ACUS adopted recommendations aimed at improving disclosure of agency materials, promoting public engagement with rulemaking, and increasing use of advanced technology in rulemaking and adjudication. The Regulatory Review invited experts and ACUS staff who participated in developing these recommendations to contribute essays to this series.


From Regulation 1.0 to 2.0

Kara M. Stein, board member of the Public Company Accounting Oversight Board, delivered the 2023 Distinguished Lecture on Regulation at the University of Pennsylvania Carey Law School. Addressing regulatory changes presented by artificial intelligence, Stein titled an emerging new era for regulators as one of “Regulation 2.0.” The Regulatory Review was honored to publish an edited version of Stein’s lecture.


The Next Generation of Regulatory Compliance

In her new book, Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles explains how to craft regulations in ways that will improve regulatory compliance. The Regulatory Review invited Giles to share her thoughts about her book and for several leading policy experts to comment on it in this final series of the year.


This page is part of a six-part series, entitled The 2023 Regulatory Year In Review.