Opinion

A Silver Lining in the Supreme Court’s Latest Climate Change Decision

In the process of handing environmentalists a loss in AEP v. Connecticut, the Court strengthens the EPA’s authority over greenhouse gas emissions.

How Bad Math at Federal Agencies Undervalues Human Life

Agencies underestimate the value of human life by consistently ignoring health inflation and wealth inflation.

Tracking Down Killer Regulations

The federal government lacks an independent office to provide retrospective analysis of regulations’ costs and benefits.

Why Congress Should Not Codify Cost-Benefit Analysis Requirements

Codifying cost-benefit analysis requirements of Executive Order would preempt valuable nuances of current review system.

The Myths of Benefit-Cost Analysis

Congress should resist the popular misconceptions of the critics of benefit-cost analysis.

The Administration’s Regulatory Review Plans Move Toward Evidence-Based Governance

The White House has just released the first plans for retrospective reviews of existing regulations from thirty agencies, making a notable step toward evidence-based governance.

Why the REINS Act Is Unwise If Not Also Unconstitutional

A proposed act would hinder needed regulations, thereby interfering with the executive branch’s constitutional authority to execute the law.

Let’s Review the Rules

Agencies can narrow the political gap over regulation by retrospectively measuring the actual impact of their regulations.

Google, Microsoft, and Monopoly Probe: Does Attitude Mean Anything?

Corporate culture affects how antitrust regulators and judges perceive the actions of corporations.

The Dodd-Frank Dilemma

Law gives regulators more responsibility, so agencies need to keep new regulations simple and find ways to attract talented staff.

New Executive Order Promotes Public Participation

Obama’s recent order makes promising strides toward improving participation in agency rulemaking.

Elena Kagan and the Regulatory State

Elena Kagan’s appointment underscores an important shift in American law toward legislation and regulatory law.