Opinion

Obamacare and Federalism’s Tug of War Within

Obamacare and Federalism’s Tug of War Within

A theory of “balanced federalism” may advance the federalism debate over health care reform.

What is it Like to be a Regulatory Practitioner?

What is it Like to be a Regulatory Practitioner?

Regulatory law gives you an appreciation of how the world works.

Working with Regulatory Agencies

Working with Regulatory Agencies

Understanding that policy-making is ultimately idea-driven leads to solutions for regulatory problems.

Understanding the Regulatory Process

Understanding the Regulatory Process

Regulation is a rewarding, intellectually challenging field of law.

Reconciling Brown v. Gardner and Chevron

Reconciling Brown v. Gardner and Chevron

How to fix a statutory interpretation anomaly arising in veterans’ law cases.

Valuing the Rear-view Camera Rule

Valuing the Rear-view Camera Rule

NHTSA’s analysis cannot support its conclusion that the benefits justify the costs.

Time to Discard the Precautionary Principle at the CPSC

Time to Discard the Precautionary Principle at the CPSC

Upcoming phthalate regulations give CPSC an opportunity to reexamine its risk exposure policies.

A Missed Opportunity: The Ostrich Approach to Indoor Radon Exposure

A Missed Opportunity: The Ostrich Approach to Indoor Radon Exposure

Small, proactive steps could prevent thousands of radon-related deaths.

In Search of Slowness

In Search of Slowness

Systematic empirical research casts into doubt claims that rulemaking procedures have slowed down the regulatory process.

Will Obama be Damaged by New Administrative Scandals?

Will Obama be Damaged by New Administrative Scandals?

Recent scandals will likely reinforce existing predispositions more than move the political needle.

A Confluence of Concerns with the Accumulation of Regulatory Regimens

A Confluence of Concerns with the Accumulation of Regulatory Regimens

Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.

The Justices and the Individual Mandate

The Justices and the Individual Mandate

Justice Kennedy again appears to be the decisive swing voter.