Private Standards and Public Governance
New book offers crucial insights into how private standards can complement if not substitute for regulation.
Interpretive Rules in Practice
A new ACUS recommendation on interpretive rules largely aligns with a prior one on policy statements.
The Future of Administrative Law Judge Selection
ACUS sets out new recommendations for agency hiring of ALJs.
Making Guidance Available to the Public
ACUS recommends agencies take steps to make their guidance more accessible.
How to Improve Allocations of Regulatory Authority
A recent dispute illustrates how policymakers often miss crucial insights about structuring government.
The Ongoing Saga of Chevron and Net Neutrality
The FCC’s position on internet access will continue to change unless Congress passes clear legislation.
Understand the Internet’s Most Important Law Before Changing It
To determine whether to modify liability protection for internet companies, more information will be needed.
The Semi-Autonomous Administrative State
Administrative law should move past its dichotomous debate over agency independence.
Kavanaugh’s First-Year Report Card
In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.
Is a Ceiling on Regulatory Costs Reasonable?
Setting a regulatory budget at a cost of zero ignores evidence of regulation’s high return on investment.
Reforming the FCC’s Captioned Telephone Service Program
The FCC ought to consider new approaches to setting rates for captioned telephone service providers.
A Proposal to Help Congress Enact Civil Service Reforms
Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.