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Regulatory Discretion Fosters Clean Tech

Regulatory Discretion Fosters Clean Tech

Increased regulatory discretion can improve outcomes for entrepreneurs and enhance the impact of stakeholder activists.

Maintaining the Durability of Regulatory Analysis

Maintaining the Durability of Regulatory Analysis

Susan Dudley, former OIRA Administrator, discusses proposed changes to federal guidelines for regulatory impact analysis.

Using Technology to Improve Administration

Using Technology to Improve Administration

ACUS issues new recommendations to enhance administrative governance through digital technology.

Affirmatively Disclosing Agency Legal Materials

Affirmatively Disclosing Agency Legal Materials

ACUS takes an important step forward toward improving agency disclosure of legal materials.

Modernizing the “Value of a Statistical Life”

Modernizing the “Value of a Statistical Life”

Regulators should adopt alternative approaches to valuing avoided mortality in regulatory analysis.

AI, Due Process, and Trade Secrets

AI, Due Process, and Trade Secrets

A recent court decision about pencils may turn out to help protect rights in an era of artificial intelligence.

Premerger Notification Proposal Faces a Rocky Path

Premerger Notification Proposal Faces a Rocky Path

The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review.

Are Most Federal Statutes Unconstitutional?

Are Most Federal Statutes Unconstitutional?

Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine.

How To Regulate With Excellence

How To Regulate With Excellence

Cary Coglianese discusses how regulators can sharpen their skills and produce better regulatory outcomes.

EPA’s New Power Plant Rule Fits Within Court-Upheld Authority

EPA’s New Power Plant Rule Fits Within Court-Upheld Authority

Proposed greenhouse gas emission limits rely on a legal pathway preserved by last year’s Supreme Court decision.

Trauma-Informed Regulation

Trauma-Informed Regulation

A trauma-informed approach to regulation should seek to minimize the stress and trauma of regulatory investigations.

OMB Should Promote Evidence-Based Regulatory Design

OMB Should Promote Evidence-Based Regulatory Design

OMB’s draft Circular A-4 in places provides vague guidance that lets ideology—not evidence—drive regulatory design.