A People-and-Processes Approach to AI Governance
…bringing under regulatory control the technological advances made possible by machine-learning analysis of “big data,” as a new AI Act that the European Commission put forward in proposed form by…
Lingering Questions About the Major Questions Doctrine
…in Utility Air Regulatory Group v. EPA, the Court based its decision on the disjunction between an EPA regulation and EPA’s statutory power, but concluded with an observation: “We expect…
Enron Revisited
…not as serious or harmful as some critics claim? And what if the regulatory response to Enron—which President Bush lauded as one of the most “sweeping” reforms of American business…
White House Seeks to Modernize Its Public Engagement Over Regulation
258 days after President Joseph R. Biden signed an executive order aimed at modernizing regulatory review, his Office of Information and Regulatory Affairs (OIRA) has now released final guidance detailing…
Conserving Endangered Animals on Private Land
…“decouple” the regulatory protections of the ESA from species listing. Currently, the regulatory protections of the ESA automatically take effect when a species is listed regardless of the nature of…
Featured Regulatory Series of 2023
Throughout the year, The Regulatory Review highlights key regulatory debates and developments by publishing multiple series of essays grouped around individual topics. We are pleased to highlight all eight series…
Top Staff Essays of 2023
…regulatory authority. Regulating to Improve Methadone Access April 12, 2023 | Vinzent Will Scholars identify avenues to curb regulatory barriers to substitution therapy. Stamping Out Counterfeit Postage May 25, 2023…
Top Contributor Essays of 2023
…in regulatory analysis. A New Approach to Regulatory Budgeting in Virginia May 29, 2023 | Reeve T. Bull, Virginia Office of Regulatory Management New agency aims to implement a more…
The 2023 Regulatory Year in Review
…name but a few of the many notable issues with implications for regulatory policy. As 2023 comes to an end, those of us at The Regulatory Review reflect on the…
The Promise of Next Generation Compliance
…deeply informed. He is the leading expert on regulatory design, evident throughout his own scholarship as a law professor at the University of Pennsylvania and his leadership as Director of…
The Next Generation of Regulatory Compliance
…flexibly to new technologies, and updating regulators’ understanding of how federalism affects regulatory outcomes are all examples of ways that Giles argues for a new regulatory generation. The Regulatory Review…
A Modern Classic on Regulatory Compliance
…detected—and hence harder for regulatory obligations to be evaded. By incorporating features such as these into their rules and regulatory programs, regulators can improve the prospects for changing firms’ behavior…