Opinion

Calibrating Chevron for Preemption

Regulatory preemption of state law should be tied to the presence of a preemption clause.

Over-Regulation of Parthenotes Stifles Valuable Scientific Research

Federal government should fund research using stem cells from unfertilized eggs.

Harvesting Clean Energy

New source performance standards should include energy efficiency.

Reclaiming Workplace Health and Safety for All

Inconsistent enforcement of the UK’s health and safety regulations unduly burdens businesses.

CPR Report on OIRA’s Meetings Ignores Their Context

Increased regulatory action under Obama means that OIRA has more regulations to review.

Is the Regulatory Sky about to Fall?

Claims that the Regulatory Accountability Act will paralyze agencies have a long pedigree.

Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference

Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.

The Challenges of Emergency Risk Regulation

As not all crises can be anticipated, it is important to understand emergency regulation.

Hiding Our Unpopular Privacy

Why government should protect our privacy even when we would not.

“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”

Distinct concepts clarify judicial review of U.S. agency decision making.

Getting the Numbers Right

Judicial review of benefit-cost analysis is no cure-all.