Opinion

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

Should the United States Create a Human Right to Health Care?

Canada’s experience with treating health care as a right provides lessons for universal health care in America.

The Search for Sound Vocational Evidence in Disability Adjudication

Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.

How the World Regulates Equity Crowdfunding

The experiences of five countries show that supportive regulation is the key to equity crowdfunding growth.

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.

U.S. Freight Customers Increasingly Taxed by Higher Rail Rates

Policymakers should promote competition to combat a rise in real rates paid by rail shippers since 2000.

FTC v. Qualcomm, Antitrust, and Intellectual Property

A significant federal court decision expands on the relationship between antitrust and intellectual property law.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Public Engagement in Rulemaking

Agencies should work to expand public engagement efforts beyond notice and comment.