Top Staff Essays of 2025 | The Regulatory Review

The Regulatory Review highlights the top essays written by its staff in 2025.

The Regulatory Review is pleased to highlight the top essays authored by our staff in 2025. These essays—selected based on their number of page views—are arranged below in alphabetical order by last name of author.

Regulating Health Care Plan Fiduciaries

April 10, 2025 | Sadie Basila

Scholars argue that the Department of Labor should exercise its overlooked authority to regulate health care plan fiduciaries.

Multi-Level Marketing, Multi-Level Accountability

May 14, 2025 | Michaela Bevan

Scholar urges lawmakers to hold multi-level marketing companies liable for misleading claims made by salespeople.

Revisiting EPA’s Forever Chemical Strategy

January 9, 2025 | Kyle Bradley

EPA has made significant progress on PFAS regulation over the past three years, but more work remains.

The Energy Costs of Cryptocurrency

March 19, 2025 | Kyle Bradley

Scholar proposes legal solutions to regulate cryptocurrency mining’s energy consumption in a climate-friendly way.

EPA Proposes Rollbacks to Chemical Regulation

October 28, 2025 | Kyle Bradley

A proposed rule seeks to reverse recent changes to the procedures EPA uses to conduct risk assessments of toxic chemicals.

President Trump’s Power to Remove FTC Commissioners

March 27, 2025 | Melissa Bredbenner

Removal of commissioners runs counter to a 90-year-old precedent, teeing up a potential Supreme Court case.

Trump Antitrust Officials Should Stay Focused on Labor Harms

June 23, 2025 | Melissa Bredbenner and Herbert Hovenkamp

Heads of the Justice Department’s Antitrust Division and FTC should focus on harms to labor in merger review.

Reviving Antitrust Enforcement in Regulated Industries

September 2, 2025 | Pin-Chia Chiu

Scholar argues that, to address natural monopolies, industry-specific regulators should be replaced by the Justice Department and the FTC.

Legal Battle Looms Over Texas Property Restrictions

November 4, 2025 | Sarah Choudhary

A new Texas law prohibits certain noncitizens from buying and leasing property.

Bridging the AI Regulatory Gap Through Product Liability

September 4, 2025 | Carolina Citolino

Scholar proposes applying product liability principles to strengthen AI regulation.

Why U.S. Banking Law Is the Antitrust Tool We Overlook

September 11, 2025 | Carolina Citolino

Scholars reinterpret existing banking regulations to emphasize their role in preventing financial monopolies.

An Uncertain Future for Tax Regulation After Loper Bright

June 18, 2025 | Brian Connor

The unique history of tax regulation presents several possibilities for courts.

The Fork in the Road

February 18, 2025 | Cross Conrad

Legal debate ensues over the Office of Personnel Management’s deferred resignation program.

Turning Brownfields into Brightfields

June 11, 2025 | Cross Conrad

Scholars study how to redevelop toxic waste sites.

Orbital Debris Mitigation Guidelines

October 7, 2025 | Cross Conrad

Scholars address methods to ensure the long-term sustainability of low-Earth orbit.

Ninth Circuit to Consider “Shadow” Theory of Insider Trading

March 12, 2025 | Julia Englebert

A pending case penalizes the use of insider information about one company to trade another company’s stock.

Efforts to Diversify Critical Minerals Supply Chains Falter

September 3, 2025 | Elizabeth Flatley

Global initiatives to secure critical minerals face challenges.

The United States Regulates Artificial Intelligence with Export Controls

September 25, 2025 | Elizabeth Flatley

The United States shifts from unregulated cyberspace to cross-border controls.

Keeping an Eye on Compliance Gatekeepers

February 4, 2025 | Samantha Heavner

Scholars propose increased accountability for external corporate compliance advisors.

What Are American Public Lands For?

June 26, 2025 | Connor Henderson

Scholar defends the legality of Biden-era conservation rule.

Delegated Discretion is the New Deference

October 8, 2025 | Connor Henderson

Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.

Do Digital Regulations Hinder Innovation?

October 9, 2025 | Leo Hung

Scholar offers alternative explanations on why the European Union falls behind in technological progress.

U.K. Moves to Tighten Regulation of Financial Sector

February 12, 2025 | Timothy Koo

Regulators publish new rules for third parties in the financial sector.

A Global Approach to Artificial Intelligence

May 13, 2025 | Timothy Koo

UN advisory body evaluates opportunities for the international regulation of artificial intelligence.

Regulating Immigration or Regulating Citizens?

November 5, 2025 | Catherine Lewis

Scholar argues that ending birthright citizenship threatens the rights of all U.S. citizens.

The Effects of DACA’s Decline

February 11, 2025 | Stephen Masterson

Scholars unveil new research on the challenges undocumented students face in the wake of DACA’s retrenchment.

The 1-In-10-Out Order’s Deregulatory Limitations

March 12, 2025 | Sri Medicherla

The deregulatory goals of the 1-in-10-out directive may be stymied by agency gaming and legal challenges.

Repealing Without Procedure

May 15, 2025 | Sri Medicherla

Executive orders to repeal rules and redefine “showerhead” contain a jarring assertion of presidential authority.

What Is a Strong Nondelegation Doctrine?

May 22, 2025 | Sri Medicherla

Reinvigorating nondelegation requires not just a reformulation of the doctrine, but also a willingness to apply it.

Challenging Presidential Directive Authority

June 25, 2025 | Sri Medicherla

Judicial review does not easily address problematic exercises of presidential influence in agency rulemaking.

“Regulating” Instead of “Regulation”

August 19, 2025 | Sri Medicherla

Scholar argues that regulation should be thought of as a verb, because regulating well demands dynamic and ongoing effort.

Defining Discrimination in Health Care

January 14, 2025 | Tasneem Mohammad

The future of gender-affirming care may turn on the definition of “sex discrimination” in the Affordable Care Act.

Reviewing Efforts to Replace the Affordable Care Act

February 18, 2025 | Tasneem Mohammad and Rachael Totz

Advocates should understand past efforts to replace the Affordable Care Act to defend its core protections.

Algorithms Deny Humans Health Care

March 18, 2025 | Josephine A. Phillips

Scholar argues that FDA has the authority to regulate coverage algorithms used by health care insurers.

How Can Regulators Prepare for a Quantum Leap in Technology?

August 21, 2025 | Hugh Rennie

Scholars explain the need for regulating quantum technologies and propose guiding principles.

Health Insurance Coverage for Part-Time Versus Full-Time Workers

April 3, 2025 | Ellie Rudnick

Scholars analyze the impact of ACA provisions on the gap between part-time and full-time workers’ health insurance coverage.

Biden Administration Introduces New Rule Intended to Curb Obesity

January 21, 2025 | Zachary Schultz

New Rule Seeks to Expand Medicare and Medicaid Coverage of Weight Loss Drugs.

Regulating Artificial Intelligence in the Shadow of Mental Health

July 9, 2025 | Ariel Silverbreit

Scholar argues for an approach to regulating artificial intelligence centered on mental health.

Who Should Address the Collision of Politics and Justice?

April 8, 2025 | Karson Taylor

Scholars argue the inspector general is best suited to address ethical abuses within the Justice Department.

NCAA Athletes’ Right to Privacy in the Digital Age

August 12, 2025 | Karson Taylor

Scholar urges Congress to enact legislation to protect NCAA athletes’ biometric data.

The End of an Era of Regulatory Independence?

November 24, 2025 | Rachael Totz

A Penn Program on Regulation panel brings together leaders from independent agencies to discuss the implications of presidential actions taken to remove them.