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Walmart Threads the Needle on Separation-of-Powers Remedies

Walmart Threads the Needle on Separation-of-Powers Remedies

Walmart challenges the constitutionality of the FTC’s power to seek monetary or injunctive relief.

Seeking Structural Remedies for Corporate Recidivists

Seeking Structural Remedies for Corporate Recidivists

To curb repeat violations, federal regulators should seek remedies that change businesses’ structures or alter their incentives.

Lessons from the FTC’s Facebook Saga

Lessons from the FTC’s Facebook Saga

The FTC’s settlement with Facebook does little to change or restrict recidivist business practices.

Large Firms as Repeat Offenders

Large Firms as Repeat Offenders

Regulators must not provide special treatment to dominant companies that are caught repeatedly violating the law.

Reining in Repeat Offenders

Reining in Repeat Offenders

In the 2022 Distinguished Regulation Lecture at Penn Law, CFPB Director urges regulators to take action against corporate recidivists.

Another Round of Speculation about Chevron?

Another Round of Speculation about Chevron?

An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.

Stock Markets Fail to Punish Firms that Cause Harm

Stock Markets Fail to Punish Firms that Cause Harm

The Deepwater Horizon oil spill shows that market incentives alone do not guarantee sufficient safety and environmental measures.

Avoiding Unduly Concentrated Clean Energy Markets

Avoiding Unduly Concentrated Clean Energy Markets

The IRS will need help to avoid unintended adverse effects in implementing the Inflation Reduction Act’s clean energy provisions.

Toxic Metals in Baby Food Remain Unregulated

Toxic Metals in Baby Food Remain Unregulated

Despite delayed government action, manufacturers can do more to reduce toxic metals in baby food.

Analyzing Language to Identify Stakeholders

Analyzing Language to Identify Stakeholders

Using artificial intelligence in public consultation processes could enhance participation in rulemaking.

Contractors in Rulemaking

Contractors in Rulemaking

Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.

Agency General Counsels, Beware

Agency General Counsels, Beware

Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”