Congratulations to Our 2023-2024 Editorial Board

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The Regulatory Review extends its thanks and best wishes to our graduating editorial staff.

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The current board members of The Regulatory Review extend our best wishes and congratulations to all the 2024 graduates who have served as members of The Review’s staff, especially to members of the 2023-2024 editorial board.

As our friends and colleagues graduate from law school today, we are delighted to honor each of them and offer our sincere thanks for their many efforts to continuing The Review’s fine tradition of publication on all aspects of regulation and the regulatory process.

The Review’s graduating board members have worked hard to keep this premier publication moving forward,” said Cary Coglianese, the Edward B. Shils Professor of Law at the University of Pennsylvania, where he serves as faculty advisor to The Regulatory Review and the Director of the Penn Program on Regulation, which sponsors The Review.

“The dedication, integrity, teamwork, and attention to detail that our graduating staff displayed in their production of The Review will serve them well in their careers as lawyers and leaders in society,” Coglianese noted.

“I congratulate all of our graduating students as I also offer my particular thanks to The Review’s outgoing Editor in Chief, Bryn Hines, and Managing Editor, Jackson Nichols, for their many hours devoted to the publication,” he said.

Today, as the law school at the University of Pennsylvania celebrates its 2024 graduation, The Review use this occasion to highlight for our readers sole-authored work by members of the 2023-2024 editorial board in this special commemorative graduation feature.

Best wishes, many thanks, and hearty congratulations to our new alumni of The Regulatory Review!

Bryn Hines, Editor in Chief

Apr 30, 2024 | Harnessing AI to Combat Climate Change | At a Penn Program on Regulation workshop, Cass Sunstein explains how AI can help consumers make climate-friendly choices.

Feb 22, 2024 | Will Students for Fair Admissions End Affirmative Action? | Scholars predict that colleges may continue affirmative action practices despite contrary Supreme Court decision.

Jan 3, 2024 | Affordable Housing is Climate-Friendly Housing | States should prohibit local zoning ordinances that bar affordable, climate-friendly housing.

Oct 25, 2023 | Farming for Renewable Energy | Scholars call for the development of solar energy on agricultural land.

Oct 18, 2023 | Private Enforcement of Corporate Climate Pledges | Scholars propose a new means of holding corporations accountable for emissions reduction pledges.

Aug 29, 2023 | Could West Virginia v EPA Strengthen State Climate Laws | Scholars argue that a recent Supreme Court decision may bolster state climate lawsuits.

June 15, 2023 | Does the Constitution Protect the Right to Discriminate | Civil rights attorney argues that recent Supreme Court religious liberty cases jeopardize antidiscrimination laws.

May 9, 2023 | Electrifying Environmental Justice | Scholar urges federal land regulators to protect Native American communities from mining harms expected from the transition to electric vehicles.

Jan 12, 2023 | Enforcing Net-Zero Goals | Scholar calls for greater oversight and enforcement of corporate net-zero carbon emissions pledges.

Jackson Nichols, Managing Editor

Feb 29, 2024 | Plugging Holes in the Clean Water Act | Scholar sees design flaws in federal water pollution law as fueling rival legal theories.

Feb 15, 2024 | The Reopened Window of Tech Regulation | Scholar analyzes regulation gaps and argues that COVID-19 created a unique opportunity to regulate technology overuse.

Jan 24, 2024 | The Mining Mania That Threatens Native Nations | Experts point to the adverse effects of expanded mineral mining on and near tribal lands.

Jan 1, 2024 | White House Seeks to Modernize Its Public Engagement Over Regulation | OIRA releases guidance aiming to expand participation in the regulatory review process.

Nov 16, 2023 | Reversing the Evaporation of Air Pollution Prosecutions | Scholars analyze decreasing environmental prosecutions and propose enforcement improvements.

Jul 17, 2023 | Is It Time to Re-Fuel Airline Regulation? | A Penn Program on Regulation panel considers the merits of reforming U.S. aviation regulation.

Jun 20, 2023 | Chevron’s Watery Grave? | A fight over fishery regulations could spell trouble for Chevron deference.

May 24, 2023 | The Green Clash Between Renewables and Conservation | Scholars argue that federal agencies can conserve land and still increase renewable energy output.

Apr 20, 2023 | Improving Public Engagement in the Regulatory Process | Biden Administration seeks feedback from the public on how to expand participation in the regulatory process.

Mar 7, 2023 | Fighting Fires Through Resilience Regulation | Scholars identify wildfire resilience solutions for the power sectors in California and Australia.

Mary Moynihan, Community Editor

Apr 5, 2023 | Sugar, Spice, Are Additives Nice? | Scholar argues that loopholes in U.S. food regulation put consumers at risk.

Feb 14, 2023 | Back to the Future of U.S. Securities Regulation | Scholars analyze the history of Supreme Court securities law jurisprudence to predict what lies ahead.

Joe Katz, In Depth Editor

Aug 31, 2023 | How Fixing the Past May Create Future Regulatory Problems | Scholar argues that generational amnesia may lead to ineffective regulatory solutions in the future.

Jun 1, 2023 | A New Balance Between Health Care Privacy and Artificial Intelligence | A scholar highlights problematic ways that artificial intelligence and health privacy interact.

Mar 9, 2023 | Creating a Safe Testing Space for High-Risk AI | Scholars argue for the creation of a regulatory safe space to supplement AI regulations.

Katie Cohen, Executive Editor

Dec 13, 2023 | Cutting Corners on COVID-19 Treatments?| Scholars analyze FDA’s emergency use authorizations during the COVID-19 pandemic.

Sep 21, 2023 | HHS Selects Drugs for Medicare Price Negotiation | Biden Administration introduces price regulation to the pharmaceutical industry.

May 10, 2023 | Cracking Down on Overdose Deaths | Katie Cohen | FDA approves first over-the-counter treatment to combat the opioid overdose epidemic.

Mar 14, 2023 | Drug Safety, or Overregulation of Reproductive Health? | Scholar calls for FDA to remove stringent restrictions on medication abortion.

Nabil Shaikh, Executive Editor

Jan 25, 2024 | How the FTC Could Regulate Algorithmic Discrimination | Scholars argue that the FTC can apply its existing authority to combat discriminatory AI.

Dec 14, 2023 | Reviving FTC Rulemaking | Attorney calls for consumer protection agency to increase the use of its authority to issue regulations.

Oct 31, 2023 | Regulating Facial Recognition | Scholar argues that public attitudes about facial recognition tools should inform governmental use of the technology.

Aug 22, 2023 | Protecting Medical Privacy on Your Wrist | Scholar argues for greater privacy protections of personal medical data collected by wearable health technologies.

Jul 4, 2023 | Patient Versus Algorithm | Scholars propose enabling patients to sue the makers and providers of discriminatory health care algorithms.

May 30, 2023 | Combatting Discrimination in Algorithmic Hiring | Scholar proposes mandatory self-audits and certification of employers’ hiring algorithms.

Feb 28, 2023 | Is Your Phone a Medical Device? | Scholar argues that Congress and FDA should treat risky clinical artificial intelligence tools as medical devices.

Tori Hawekotte, Executive Editor

Jan 10, 2024 | FDA’s Minimal Authority over Dietary Supplements | Scholars urge Congress to give FDA more power to regulate dietary supplements.

Nov 21, 2023 | Does Industry Self-Regulation of Mental Health Apps Protect Consumers? | Scholar advocates increased regulation of mental health apps.

Aug 24, 2023 | Is the Fair Housing Act Stifled by Section 230? | Scholar argues that a platform liability shield limits protection from housing discrimination.

Jul 6, 2023 | The Right to Access Your Own Health Device Data | Scholars advocate mandated patient access to health device data.

May 18, 2023 | Should USDA Regulate Lab-Grown Meat? | Scholar argues that FDA should be the sole regulator of cell-cultured meat.

Mar 15, 2023 | Taking a Second Look at Immigration Appeals | Scholar argues that the way immigration case appeals are handled may need an overhaul.

Feb 9, 2023 | Video Teleconference Platforms in Credibility Determinations | Scholars caution against judging credibility over video calls in immigration hearings.

Riann Winget, Executive Editor

Jan 4, 2024 | Enron Revisited | Scholar argues that regulatory action should reflect underlying causes of corporate fraud.

Nov 28, 2023 | Is the SEC Hiding in Plain Sight? | Scholar claims that the SEC’s 2022 whistleblower report to Congress was the least transparent in history.

Sep 7, 2023 | Achieving Regulatory Success Through Failure | Scholar argues that regulators need “permission to fail” when adapting to private sector innovation.

Jul 26, 2023 | Going for Broke on TikTok | Scholars posit that analyzing TikTok content can help regulators monitor trends in online consumer finance.

Jul 3, 2023 | The Strange Bedfellows of Climate Change and Corporate Fraud | Scholar recommends implementing ESG standards to fight climate change and avoid criminal charges.

May 25, 2023 | Stamping Out Counterfeit Postage | The U.S. Postal Service adopts final rule aimed at reducing postage fraud.

Apr 18, 2023 | USDA Weeds Out Organic Fraud | USDA releases a new rule designed to curb organic food crimes.

Apr 10, 2023 | Solving State Transmission Roadblocks to Unlock Renewable Energy | Scholar examines how community-based regulatory reforms can support efforts to scale up the United States’ electric grid.

Feb 15, 2023 | Can Financial Regulation Save the Planet? | Scholars assess whether the financial sector should lead the transition to a low-carbon economy.

Madeline Bruning, Content Editor

May 16, 2024 | The Wild World of Wildlife Conservation Funding | As traditional revenue sources decline, state wildlife agencies are on the hunt for new funding solutions.

Oct 17, 2023 | Inside the EU’s Ambitious Anti-Deforestation Regulation | An EU law requiring deforestation-free exports could impact economies and ecologies around the world.

May 17, 2023 | Confronting the Public Health Threat of Septic Tanks | As climate change amplifies the risks of septic tanks, lawmakers must act to protect their communities.

Mar 21, 2023 | EPA Finds Evidence of Racial Discrimination in Cancer Alley | Black Louisiana residents have been disproportionately burdened by hazardous industrial air pollutants.

Nov 30, 2022 | EPA Proposes Tougher Rules on Methane Leaks | The Biden Administration seeks to require the oil and gas industry to find and fix their own methane leaks.

CeCe Coffey, Content Editor

Oct 3, 2023 | Supercharging Electric Grid Interconnection | FERC publishes final rule aimed at expediting the interconnection of new power plants.

Jun 13, 2023 | Leveraging Nature-Based Solutions to Tackle Climate Change | New joint agency report recommends nature-based solutions to protect frontline communities from climate risks.

Apr 4, 2023 | Designing a Regulatory Check on Autonomous Vehicles | Scholar urges Congress to direct the National Highway Traffic Safety Administration to regulate self-driving cars.

Mar 8, 2023 | CFPB Targets Illegal Junk Fees | New CFPB guidance puts banks on notice that unfair business practices may be met with enforcement action.

Nov 10, 2022 | What Will It Take for the Electric Vehicle Transition to Hit the Gas? | Penn Program on Regulation panel highlights policy options for accelerating the transition to electric vehicles.

Anilya Krishnan, Content Editor

Apr 2, 2024 | Texas Universities Shut Out Diversity, Equity, and Inclusion | The recent implementation of SB 17 mandates the closure of DEI offices in public Texas universities.

Dec 7, 2023 | How States Can Improve Contraceptive Access | A recent report proposes state-level reforms to allow pharmacists to prescribe contraceptives.

Nov 22, 2023 | Closing the Criminal Justice System’s Racial Wealth Gap | Report proposes regulatory solutions to redress economic harms faced by individuals with criminal records.

Oct 24, 2023 | The Dark Side of EURODAC | Scholar warns that the European Union’s biometric data collection of asylum seekers criminalizes immigration.

Jul 5, 2023 | The Troubling Reality of Wilderness Therapy | Scholars claim that unregulated wilderness therapy programs fail to protect the children participants.

Feb 8, 2023 | Should Texas Power Down Its Electricity Model? | Scholars discuss Texas’s 2021 power grid failure and its implications for the future of energy regulation.

Will McDonald, Content Editor

Apr 4, 2024 | The Case for Stronger Self-Regulation by Lawyers | Scholars argue that lawyers must do more to discipline their own peers.

Feb 14, 2024 | Is it Time to Say Goodbye to Tipping? | Commentator argues that tipping should be abolished because it promotes wage theft and inequality.

Jan 11, 2024 | Rethinking Firearms Regulation | Scholar argues that guns should be regulated as consumer products.

Nov 9, 2023 | The Limits of Deplatforming | Scholars warn of the potential difficulties of using deplatforming to curb disinformation online.

Aug 23, 2023 | Regulating Speech About a Drug’s Off-Label Uses | Scholar argues that FDA should adopt an evidenced-based approach to regulating drug manufacturers’ speech.

Jun 8, 2023 | A New Regulatory Approach to Facial Recognition | Scholar argues that right-of-publicity claims can protect individuals from facial recognition companies.

Mar 2, 2023 | New NCAA Rules Leave Foreign Student-Athletes Behind | Scholars argue that foreign student-athletes must now choose between earning money and keeping their immigration status.

Feb 7, 2023 | What the Do-Not-Call Rule Can Teach Regulators | Scholars argue the battle against spam calls holds valuable lessons for Big Tech regulators.

Zoe Stern, Content Editor

Jan 31, 2024 | Trump’s Deregulatory Failures | Scholar argues that President Trump’s deregulatory agenda was not successful in the long term.

Aug 16, 2023 | From Pipelines to Pipe Dreams | Experts explore how environmental litigation has obstructed pipeline construction.

Jun 28, 2023 | Is the Welfare State Ready for the Climate Crisis? | Scholar advocates making disaster assistance more reliable, accessible, and portable.

Jan 26, 2023 | Retirement Plan Fiduciaries Can Now Consider ESG Factors | The Labor Department issued a final rule allowing fiduciaries to consider ESG factors when deciding how to invest.

Evelyn Tsisin, Content Editor

Apr 24, 2024 | SCOTUS Must Not Look Away as Pregnant Patients Suffer | The Supreme Court must maintain pregnant people’s right to receive emergency medical care—including abortion.

Sep 21, 2023 | Patching Up Medical Device Cybersecurity Regulation | Researchers explore the optimal cost-benefit considerations of medical device cybersecurity risks.

Aug 15, 2023 | Blastoff to U.S. Commercial Space Regulation | Scholar argues for an optimal commercial space regulatory regime that balances innovation, responsibility, and security.

Jun 27, 2023 | The Troubled Teen Industry’s Troubling Lack of Oversight | The federal government must step in to regulate an industry fraught with youth abuse.

Mar 1, 2023 | FDA, Not a Federal Judge, Should Decide on Abortion Drugs | Anti-abortion advocates take aim at FDA approval and regulation of the abortion drug mifepristone, threatening access nationwide.

Feb 21, 2023 | Expanding FDA Incentives to Boost Diversity in Clinical Trials | Exploring FDA’s toolkit for encouraging study sponsors to meet diversity goals.