COVID-19 and Uncertainties in the Value Per Statistical Life
Uncertainties in value per statistical life estimates impact the extent to which COVID-19 policies yield net benefits.
Toward a “Unitary Executive” Vision of Article II?
The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.
Regulation, Delegation, and the Affordable Care Act
Empirical study of the ACA’s implementation provides insight into the delegation of policymaking authority.
Rethinking Benefit-Cost Analysis for COVID-19
The normative foundations of the value of statistical life render it an insufficient tool to analyze pandemic-related policies.
Reason Trumps Pretext
Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.
The Administrative State Is Neglecting Regulatory Benefits
Scholar argues for regulatory reforms grounded in an intense focus on net benefits.
Clarifying the Default for Anti-Discrimination Statutes
Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.
A Failure of Administrative Law in OSHA During the Pandemic
The hyper-deference courts provide to agencies has failed to protect workers from OSHA inaction amid COVID-19.
Revisiting the Constitutionality of Independent Agencies
The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.
Ending Legislative Impotence
A recent Supreme Court case suggests Congress needs new processes to legislate effectively and overcome partisanship.
Megaregulation on the Global Stage
Scholars argue that the Trans-Pacific Partnership represents a new form of international ordering and regulatory governance.
Managing Adjudicators’ Information Access in the Internet Age
ACUS issues new recommendation to help agency adjudicators conduct online independent research.