Opinion

Participation of Senate-Confirmed Officials in Administrative Adjudication

Participation of Senate-Confirmed Officials in Administrative Adjudication

A new report to ACUS makes recommendations for how Senate-confirmed officials should participate in adjudication.

Choosing the Court to Review Agency Rulemaking

Choosing the Court to Review Agency Rulemaking

ACUS’s recommendation on judicial review of federal regulations provides much-needed clarity.

Drilling Down on Loper Bright and Health Care Regulation

Drilling Down on Loper Bright and Health Care Regulation

The Loper Bright decision leaves hundreds of pivotal health care regulations subject to litigation.

The Case for Taxing Luxury Emissions

The Case for Taxing Luxury Emissions

Taxing luxury emissions can reduce inequality and combat climate change.

Textual Tensions in the Vesting Thesis

Textual Tensions in the Vesting Thesis

The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.

A Fresh Look at the President’s Procurement Power

A Fresh Look at the President’s Procurement Power

Despite recent skepticism, the President’s broad authority over federal contractors will remain.

Open Data, Closed Doors?

Open Data, Closed Doors?

Better regulation can eliminate high-cost barriers to the integration of electronic health records.

The New Rent Seekers in Public Utility Regulation

The New Rent Seekers in Public Utility Regulation

Addressing social problems through utility regulation may lead to inefficiency and unfairness.

High Minimum Fines in China Undermine Administrative Discretion

High Minimum Fines in China Undermine Administrative Discretion

China’s minimum fines foster uniform penalties across infractions and prevent leniency for minor violations.

The Antitrust Guarantee

The Antitrust Guarantee

The Guarantee Clause is an untapped means of protecting Americans from anti-republican corporate behavior.

“When You Ride a Bicycle”

“When You Ride a Bicycle”

The bicycle was my father’s vehicle of choice and a metaphor for how he chose to live his life.

The Joyful Economist

The Joyful Economist

As illustrious as he was in his field, Howard Kunreuther took genuine pleasure in connecting with one and all.