Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.
Learning from Advocacy for Energy Efficient Building Codes
Innovative approaches to energy efficient buildings can inform how to make progress in other regulatory areas, even in tough times.
Firms in Sharing Economy Should be Regulated Under a Modified Framework
Regulating Uber and Airbnb like their mainstream predecessors could be good for the sharing economy.
Rethinking the Value of Voluntary Environmental Programs
Voluntary programs may not reduce businesses’ impact on the environment.
The Promise of International Water Treaties
Water-related international agreements represent a key source of untapped regulatory potential.
When 1+1+1 Doesn’t Add Up
Conflating testing and evaluation with education standards threatens Common Core.
Politics, Law, and Presidential Power
Disputes about the limits of executive power cannot be productively resolved by appeals to the Constitution.
Achieving Procedural Fairness in Black Lung Benefits Hearings
Black lung disease is increasing, but fewer miners can successfully claim benefits.
Regulating the Settler-in-Chief
When it comes to brokering settlements, presidential power may need to be regulated.
It’s Time to Make Rulemaking Really Transparent on Agency Websites
Regulatory agencies should do more to make information about proposed rules more accessible.