Interstate Medical Licensure and Emergency Response
Adoption of new model legislation could improve medical response to public health crises and disasters.
Rethinking States’ Role in Federal Rulemaking
By understanding key tradeoffs, federal agencies can enhance state participation in the regulatory process.
Regulatory Policy and the Brazilian Presidential Election
Electoral results indicate Brazilians remain divided over regulatory policy.
The Advantages of Private Certification Over Government Regulation
Private certification may better achieve regulatory goals than governments and regulatory agencies.
Increasing Financial Regulatory Predictability through Optimizing Business Strategy
Regulatory change requires companies to implement systems to analyze regulation.
When a State Agency is Not a State Actor
The U.S. Supreme Court will decide when a state agency is immune from federal antitrust law.
Regulate the Sharing Economy Parent Companies, Not Individual Providers
Company-focused regulation is better for regulators, consumers, and companies themselves.
Hundreds of Recent Final Rules Are Technically Unlawful
Agencies apparently fail to comply with a mandatory reporting requirement for many federal regulations.
Rebuilding Accountability in the Administrative State
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.