Opinion

How the Government Shutdown Turned into a Judicial Slowdown

How the Government Shutdown Turned into a Judicial Slowdown

Deferred maintenance of the courts is symbolized by failure to reach annual budgetary agreements.

Reboot Washington to Restore Honor to Public Service

Reboot Washington to Restore Honor to Public Service

Human agency is at the center of the solution to fix the government and the civil service.

Are Regulatory Agreements to Address Climate Change Anticompetitive?

Are Regulatory Agreements to Address Climate Change Anticompetitive?

A federal antitrust investigation of automakers cooperating with California probably has no basis in law.

Silver Linings Action Plan

Silver Linings Action Plan

To solve the “quiet crisis” in the civil service, the federal government must improve workforce recruitment.

Let Light Shine on Government’s True Size

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

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 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

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?

Can Hip Hop Save Rulemaking?

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

Regulating Genetic Self-Experimentation as Biomedical Research

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

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

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.