The Regulatory Review highlights our most-read essays from 2025 submitted by regulatory scholars, practitioners, and experts.
The Regulatory Review is pleased to revisit our top essays of 2025, each authored by one or more of the many expert contributors whose ideas we are honored to publish. These essays—selected for this list based on the number of page views during the past twelve months—are arranged below in alphabetical order by last name of author.
Escalating Flawed Deregulatory Math
March 10, 2025 | Caroline Cecot, George Washington University Law School and Michael A. Livermore, University of Virginia School of Law
The Trump Administration’s new 1-in-10-out executive order is more flawed than its predecessor.
Will Trump 2.0 Deregulate More than Trump 1.0?
January 20, 2025 | Cary Coglianese, University of Pennsylvania Carey Law School
The incoming Trump Administration again promises massive deregulation, but it remains to be seen how much can realistically be rolled back.
The Unsettling of Notice and Comment
April 14, 2025 | Cary Coglianese, University of Pennsylvania Carey Law School and Daniel E. Walters, Texas A&M University School of Law
The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.
Judicial Remedies After CASA
August 11, 2025 | Cary Coglianese and Matthew Lee Wiener, University of Pennsylvania Carey Law School
After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.
Dictatorship and Accountability
March 1, 2025 | David M. Driesen, Syracuse University College of Law
A recent Trump executive order unlawfully undermines the authority of independent agencies.
Lack of Coordination Threatens Environmental Policy
September 22, 2025 | Finn Dobkin, The George Washington University
Without interagency and intergovernmental cooperation under NEPA, environmental outcomes will suffer.
Recent E-Cigarette Decision Leaves Unanswered Questions
July 21, 2025 | Laura Dolbow, University of Colorado Law School
A unanimous Supreme Court instructed the Fifth Circuit to reconsider the harmless error rule for agency action.
The Labor Board Needs Restructuring, Not Destruction
May 27, 2025 | Samuel Estreicher, New York University School of Law, G. Roger King, HR Policy Association and David S. Sherwyn, Cornell University Nolan School of Hotel Administration
The National Labor Relations Board would benefit from the creation of a new court.
The Limits of Anti-Classification Doctrine in U.S. v. Skrmetti
July 14, 2025 | Katie Eyer, Rutgers Law School
The Supreme Court runs afoul of its own equal protection doctrine by ignoring explicit classifications.
Legislative Primacy
March 31, 2025 | Daniel A. Farber, University of California, Berkeley School of Law
President Trump’s recent executive orders challenge Congress’s role in creating policy.
A State Legislative Nudge Toward Regulatory Excellence
February 3, 2025 | Adam M. Finkel, University of Michigan School of Public Health
New Hampshire House Bill 1622 will foster enhanced regulatory transparency and improved decision-making.
Extraterritorial Limits on States as Laboratories of AI Policy
August 25, 2025 | Kevin T. Frazier, Texas Law
The constitutional prohibition on extraterritorial regulation restricts democratic experimentation in the AI era.
What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much
May 17, 2025 | Seth Frotman, University of California Berkeley School of Law and Brad Lipton, Consumer Federation of America
A federal consumer protection agency’s withdrawal of numerous guidance documents will have little legal effect.
A Modern Consumer Bill of Rights in the Age of AI
February 24, 2025 | Kevin T. Frazier, The University of Texas School of Law
The rapid advance of AI systems requires new shared guideposts for consumer protection.
Revisiting Congressional Oversight
October 13, 2025 | James Goodwin and Federico Holm, Center for Progressive Reform
Abolishing needed protections through the Congressional Review Act is not effective oversight.
The CRA is a Payday for Congressional Republicans
January 27, 2025 | James Goodwin, Center for Progressive Reform, and Rena Steinzor, University of Maryland Carey Law School
The Congressional Review Act offers a divided Republican caucus the opportunity to gut regulations.
Adding Autism Claims to the VICP Would Likely Destroy It
September 29, 2025 | Peter Grossi, University of Pennsylvania Carey Law School
The costs of covering serious autism cases under the National Vaccine Injury Compensation Program (VICP) could undermine childhood vaccine production.
Climate Denialism Dressed Up as Law
July 31, 2025 | Lisa Heinzerling, Georgetown University Law Center
EPA’s attempts to reinterpret the Clean Air Act are detrimental to fighting climate change.
Shifting the Burden of Dirty Waters
July 28, 2025 | Ellen Kohler, University of Pennsylvania
Two recent acts of Congress represent a unique approach to digital currency regulation.
The Digital Dollar Divide
September 30, 2025 | David Krause, Marquette University
A recent Supreme Court decision shifts responsibility for pollution prevention from polluters to EPA.
A Pivotal Case Shaping Cryptocurrency Regulation
June 17, 2025 | Roslyn Layton, Aalborg University
A recent enforcement action suggests a new approach to regulating cryptocurrency.
Making Drugs Affordable Through Personal Importation
June 24, 2025 | Gabriel Levitt, Prescription Justice
Personal importation is the fastest route to “most-favored-nation” drug pricing.
A Loss for Public Participation
March 25, 2025 | Jeffrey S. Lubbers, American University, Washington College of Law
HHS’s reversal of its Nixon-era policy will reduce valuable public participation in rulemakings.
Rethinking the AI Race
September 15, 2025 | Giovanna Massarotto, University of Pennsylvania Carey Law School
Openness in AI models is not the same as freedom.
Trans Rights and the Future of Sex Discrimination Law
August 4, 2025 | Serena Mayeri, University of Pennsylvania Carey Law School and Amanda Shanor, The Wharton School
The Supreme Court considers how the equal protection doctrine applies to transgender individuals.
Proposed OSHA Rule Is Dangerous for Workers and the Law
August 6, 2025 | Lauren McFerran, The Century Foundation
A proposed rule that rolls back protections for workers sends a troubling signal about regulatory reforms.
Cryptocurrency Under a Second Trump Administration
April 5, 2025 | Mateo Morris and Lica Porcile, Arnold & Porter
The Trump Administration has proposed changes that could reshape the American cryptocurrency landscape.
Regulatory Policy and Practice on AI’s Frontier
July 7, 2025 | John J. Nay and Troy A. Paredes, Norm Ai
Adaptive, expert-led regulation can unlock the promise of artificial intelligence.
When Is an Independent Agency Independent?
May 8, 2025 | Roger Nober, The George Washington University
A new executive order may eliminate the independence of independent regulatory agencies.
Will the ABA Continue to Accredit Law Schools?
February 19, 2025 | Richard J. Pierce, Jr., The George Washington University Law School
The Trump Administration may challenge the American Bar Association’s role in accrediting law schools.
President Trump Is Not the Only Threat to Our Democracy
April 17, 2025 | Richard J. Pierce, Jr., The George Washington University Law School
Party-based primaries inhibit the legislative branch.
President Trump’s Deregulation Initiatives Are Exercises in Futility
June 10, 2025 | Richard J. Pierce, Jr., The George Washington University Law School
The Trump Administration will struggle to convince courts to uphold the repeal of many agency rules.
Decision About Immigration Judges May Change the Game
June 30, 2025 | Richard J. Pierce, Jr., The George Washington University Law School
A recent court decision may help protect civil servants unlawfully removed by the Trump Administration.
The Supreme Court Should Overturn the Fairness Doctrine
October 6, 2025 | Richard J. Pierce, Jr., The George Washington University Law School
The Court should no longer allow the government to require that broadcasters air opposing views on public issues.
Administrative Changes that Decrease Transparency at HHS
March 24, 2025 | Dorit Rubenstein Reiss, University of California College of the Law, San Francisco
Recent actions by HHS undermine the promises of transparency made by Robert F. Kennedy, Jr.
Ending EPA’s “Endangerment” Finding
April 16, 2025 | Harvey L. Reiter, Stinson LLP
Repeal of EPA’s endangerment finding on greenhouse gases faces hurdles and would threaten regulatory instability.
Regulatory Benefit-Cost Analysis Under the Trump Administration
May 6, 2025 | Lisa A. Robinson, Harvard T.H. Chan School of Public Health
President Trump’s deregulatory push will strain benefit-cost analysis.
Reintroduced No FAKES Act Still Needs Revision
August 18, 2025 | Jennifer E. Rothman, University of Pennsylvania Carey Law School
Revisions to proposed federal legislation fail to protect the public and ensure individual control over digital replicas.
Removing Social Media and Smartphones From Schools
October 27, 2025 | Charles J. Russo, University of Dayton, and Suzanne Eckes, University of Wisconsin–Madison
Rampant student smartphone use raises questions about learning goals, online safety, and free speech.
Pauses Will Not Fix the European Union’s AI Act
November 3, 2025 | Thibault Schrepel, Vrije Universiteit Amsterdam
AI regulation in the EU needs structural changes promoting adaptability and innovation.
Correcting the Common Sense of “Biological Sex”
March 29, 2025 | Scott Skinner-Thompson, University of Colorado Law School
The Trump Administration’s definition of biological sex does not accurately reflect modern science.
The Unbearable Lightness of the Unitary Executive Theory
March 3, 2025 | Peter M. Shane, New York University School of Law
A Supreme Court that embraces a powerful executive could aid President Trump’s efforts to eliminate agency independence.
To Regulate the Voluntary Carbon Market, Start at the FTC
September 9, 2025 | Erin Shortell, New York University School of Law
The scope of the FTC’s authority puts it in the best position among agencies to regulate carbon credits.
The U.N. Cybercrime Convention Is a Promethean Moment
February 10, 2025 | Rangita de Silva de Alwis, University of Pennsylvania Carey Law School
The incoming Trump Administration again promises massive deregulation, but it remains to be seen how much can realistically be rolled back.
The Man Behind the Trump Deregulatory Throne
May 8, 2025 | Rena Steinzor, University of Maryland Francis King Carey School of Law
Russell Vought’s influence on the second Trump Administration cannot be ignored.
Disability Employment Goals and the War on DEI
September 23, 2025 | Mark C. Weber, DePaul University
The Trump Administration proposes eliminating longstanding regulations promoting the employment of people with disabilities.
A Sorely Needed Defense of Government’s Possibilities
March 4, 2025 | Shelley Welton, University of Pennsylvania Carey Law School
Government regulation has played a crucial role in developing U.S. industries and improving citizens’ lives.
DOGE Is a Wakeup Call for Economists and Attorneys
March 17, 2025 | Clifford Winston, Brookings Institution
DOGE’s approach to deregulation demonstrates the need for economists and lawyers to learn from each other.
Recent Legislation Reveals President Trump’s Regulatory Approach
August 4, 2025 | Clifford Winston, Brookings Institution
President Trump’s latest legislative victory reveals an inefficient approach to deregulating markets.
Academic Toadies Impair Government Performance
September 8, 2025 | Clifford Winston, Brookings Institution
The Trump Administration’s hiring of academics who compromise disciplinary standards threatens effective governance.
This essay is part of a series, entitled “The 2025 Regulatory Year in Review.”
