Regulating Cost-Benefit Analysis
EPA’s advance notice raises fundamental questions about how the agency should weigh costs and benefits.
Thinking Through OIRA Review of Tax Regulations
OIRA review of significant tax rules raises new questions about the shape of centralized administrative oversight.
Elections Have Consequences, on Future Elections
The Supreme Court’s approval of Ohio’s voting roll purge will limit voter turnout in future elections.
Shunting Aside Chevron Deference
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
Reining in Technocracy to Increase Democratic Legitimacy
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
Cutting Through the Rhetoric of Cutting Red Tape
Regulatory counting paints a distorted picture of the costs and benefits of regulatory action.
A Real, Not Faux, Transparency Proposal for Regulatory Science
A real EPA transparency rule should be grounded in scientific practices, not constituency interests.
Pruitt’s Super-Polluting Parting Shot
Former EPA Administrator’s last action may foreshadow the agency’s future plans for regulating pollution.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
Inconsistent Views on Waiving Rights in Employment
The Court has set two different standards for when employees can waive their workplace rights.
Is There Any Role Left for Federal Regulation of Sports Wagering?
Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.
The Implications of the Supreme Court’s Wayfair Decision
In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.