All Essays

Week in Review

Week in Review

The Supreme Court holds RFRA applies to closely held corporations, the European Court of Human Rights upholds France’s ban on burqas, and more…

Why Should Regulators Apply Cost-Benefit Analysis to Financial Regulation?

Why Should Regulators Apply Cost-Benefit Analysis to Financial Regulation?

Scholars present a defense of and propose a framework for financial cost-benefit analysis.

(Mis)management of Lake Okeechobee Discharges

(Mis)management of Lake Okeechobee Discharges

To save a natural treasure, Florida should institute stricter TMDLs to reduce fertilizer runoff.

The Role of Permits in the Regulatory State

The Role of Permits in the Regulatory State

General permits play an increasingly important role in implementing regulation.

Rethinking Disclosure in the Wake of McCutcheon v. FEC

Rethinking Disclosure in the Wake of McCutcheon v. FEC

The FEC’s data system must be improved if campaign finance disclosure is to work.

Week in Review

Week in Review

The Supreme Court invalidates recess appointments, the Tenth Circuit rules against Utah’s ban on same-sex marriage, and more…

Two Cheers for Recess Appointments

Two Cheers for Recess Appointments

The Supreme Court lets the president down easy in NLRB v. Noel Canning.

Why Arizona Should Lift its Regulatory Moratorium

Why Arizona Should Lift its Regulatory Moratorium

Arizona should end its five-year moratorium on new regulations.

Supreme Court Decision Strikes Compromise in Greenhouse Gas Case

Supreme Court Decision Strikes Compromise in Greenhouse Gas Case

EPA’s authority to regulate greenhouse gas emissions is left largely intact, but agency faces rebuke.

Do Regulators Listen to the Public?

Do Regulators Listen to the Public?

New study suggests agencies primarily listen to industry insiders in finalizing rules.

Proactive Regulation

Proactive Regulation

Policymakers should use statistical prediction to analyze social trends and prevent crises before they strike.

Week in Review

Week in Review

The DOL proposed raising the minimum wage for federal contractors, France pushes new regulations for large American internet companies, and more…