Process

A Primer on Midnight Regulations

A Primer on Midnight Regulations

As Biden’s inauguration approaches, regulators race against the clock to finalize rules.

The Lawlessness of Presidential Transitions

The Lawlessness of Presidential Transitions

Scholar argues for more stringent guidelines to govern the transfer of presidential power.

Progressive Regulatory Reform Recommendations for the Biden-Harris Administration

Progressive Regulatory Reform Recommendations for the Biden-Harris Administration

The Biden Administration can deliver its policy agenda through progressive, people-centered regulatory reform.

Turning the Senate Blue and the Cabinet Red

Turning the Senate Blue and the Cabinet Red

President-Elect Joe Biden can flip the Senate by sacrificing his Cabinet.

OIRA’s Impact on Rulemaking

OIRA’s Impact on Rulemaking

Interest groups that lobby OIRA impact public policy, yet OIRA’s role as a regulatory gatekeeper remains understudied.

Tearing at the Mask of the Administrative State

Tearing at the Mask of the Administrative State

How should actors within the administrative state grapple with the questions Black Lives Matter poses?

Deceptive Deregulation

Deceptive Deregulation

The Trump Administration’s claims about its deregulatory accomplishments do not withstand scrutiny.

Race Masked in Colorblind Administrative Procedures

Race Masked in Colorblind Administrative Procedures

The Supreme Court’s administrative law decisions allow racial animus to motivate policy choices.

Racism, Regulation, and the Administrative State

Racism, Regulation, and the Administrative State

Leading scholars address the ways in which racism pervades the modern administrative state and legal profession.

The Nondelegation Doctrine Is Alive and Well in the States

The Nondelegation Doctrine Is Alive and Well in the States

The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.

Antitrust and Regulation Over Time

Antitrust and Regulation Over Time

As the scope of regulation in an industry narrows, the scope of potential antitrust liability becomes broader.

A Decade of Political Swings, and Consistency

A Decade of Political Swings, and Consistency

Presidential administrations have taken dramatically different approaches to regulation over the last ten years.