Let Light Shine on Government’s True Size
The challenges facing today’s federal blended workforce calls for a reprise of the Volcker Commission.
Silver Linings Shutdown
Distinguished lecture at Penn Law offers hope that the long shutdown of the federal government in early 2019 will lead to positive reforms.
The Value of the CRA for Agency Guidance
The Congressional Review Act restores notions of separation of powers and empowers private parties affected by regulation.
Using Machine Learning to Improve the U.S. Government
Governmental use of artificial intelligence can fit well within existing administrative law constraints.
Regulating Genetic Self-Experimentation as Biomedical Research
Better oversight is needed of the “biohacking” that individuals perform on themselves.
EPA Will Say Anything to Avoid Addressing Climate Change
New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.
Judicial Deference to Agencies’ Decisions in Brazil and the United States
American doctrines of judicial review may provide useful models for Brazilian courts.
Cost-Benefit Analysis According to the Trump Administration
Scholar argues that the Trump Administration has discredited cost-benefit analysis.
The Coming Decline of Anti-Regulatory Conservatism
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.