Opinion

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.

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

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.