Concluding Thoughts on Cost-Benefit Analysis and the Public’s Impact in Rulemaking
The Supreme Court’s decision in Michigan v. EPA illustrates that the public has a serious role to play in the rulemaking process.
Cost-Benefit Analysis and Reasoned Agency Decision-Making
Scalia recounts his role in challenging a SEC rule on behalf of the U.S. Chamber of Commerce.
The Value of Public Participation in Rulemaking
Appearing before agencies affords the public an important opportunity to have a genuine impact on the law.
Autonomous Vehicle Bill Leaves Safety Gaps
House bill on autonomous vehicles restricts state policies that could improve safety.
The Legal Risks of Regulating Climate Change at the Subnational Level
State and local regulators will face challenges in trying to pick up the slack after a federal withdrawal from the Paris Agreement.
The CFPB’s Final Arbitration Rule Run Amok
New rule will raise costs, harming businesses, consumers, and the court system.
The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking
Administrative agencies should not be required to use a process that has been obsolete for decades.
Trump’s Proposed Transgender Ban Breaks Faith with Service Members
President Trump’s transgender ban for the military is misguided and potentially illegal.
The FTC and Net Neutrality’s Plan B
Would the FTC be an effective body for regulating Internet openness?
Why Cabinet Secretaries Should Not Threaten Members of Congress
Basic principles of American government limit the political role of administrative agencies in legislative debates.
Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.