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
To curb repeat violations, federal regulators should seek remedies that change businesses’ structures or alter their incentives.
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
Regulators must not provide special treatment to dominant companies that are caught repeatedly violating the law.
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?
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
The Deepwater Horizon oil spill shows that market incentives alone do not guarantee sufficient safety and environmental measures.
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
Despite delayed government action, manufacturers can do more to reduce toxic metals in baby food.
Analyzing Language to Identify Stakeholders
Using artificial intelligence in public consultation processes could enhance participation 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
Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”