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?
Recent scandals will likely reinforce existing predispositions more than move the political needle.
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
Justice Kennedy again appears to be the decisive swing voter.
Obama’s Reforms Give States a Shot at Coming Out Winners
Health care reform demonstrates President Obama’s evolving understand of federalism.
Rule of Law Prevails in Sackett v. EPA
Don’t believe either the environmentalists or the property rights supporters.
Clearer Framing Needed for “Open Government”
Open government debate needs to separate politics from technology.
Public Consultation and Legalized Detention in China
Open comment period helps steer China away from legalizing “residential surveillance.”
The Proper Limits of the Congressional Regulatory Veto
The CRA’s ban on issuing “substantially similar” rules has been misunderstood
Pennsylvania’s SNAP Asset Test Will Backfire
The test will be expensive and discourage efforts to become financially independent.
Court Misapplies First Amendment to Strike Down FDA Cigarette Warning Labels
A district court judge invents strict scrutiny requirement for commercial speech.