Opinion

Punishing the Innocent

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

Regulate Non-Competes by Administrative Adjudication

Regulate Non-Competes by Administrative Adjudication

The FTC should use adjudications to establish policy on employment non-compete clauses.

Institutional Gridlock

Institutional Gridlock

Without structural change, Congress will remain unable to legislate effectively.

Delegation and Time … and Staff

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

Current Law Helps Shield Attorney General From Independent Review

Current Law Helps Shield Attorney General From Independent Review

A government watchdog office needs authority to investigate issues related to federal prosecutions.

How Long is Too Long for Legislative Delegation?

How Long is Too Long for Legislative Delegation?

The temporal problem of delegation is rooted in empirical evidence.

Regulation of AI Should Reflect Current Experience

Regulation of AI Should Reflect Current Experience

Federal guidance on artificial intelligence needs additions to ensure the U.S. has a seat at the international table.

Reviving Congress’s Ambition

Reviving Congress’s Ambition

Regular reauthorization of statutes can fix congressional delegation’s temporal problem.

Regulation Serves People, and Depends on Them Too

Regulation Serves People, and Depends on Them Too

Regulators and regulatory scholars alike need to keep in mind regulation’s essential human element.

A Distinction in Agency Design Without a Difference

A Distinction in Agency Design Without a Difference

The Solicitor General says it is constitutionally relevant that one person heads the CFPB, but it is not.

Rethinking the Value of a Statistical Life

Rethinking the Value of a Statistical Life

It is time to reconsider the value of the VSL in policy analysis.