Process

The Costs of Government Efficiency

The Costs of Government Efficiency

Scholars examine how federal workforce reforms affect government expertise, independence, and effectiveness.

A Legislative Lifeline for Independent Regulatory Agencies?

A Legislative Lifeline for Independent Regulatory Agencies?

Congress should require the President to replace agency heads after terminating them.

Why Financial Regulators Will Turn to Exams Over Rulemaking

Why Financial Regulators Will Turn to Exams Over Rulemaking

Changes in technology and the law will make “policymaking by examination” more attractive to regulators.

The Nondelegation Doctrine as a Check on Presidential Power

The Nondelegation Doctrine as a Check on Presidential Power

Scholar argues that courts should scrutinize delegations to the President more closely than those to agencies.

Lifting the FOIA Veil

Lifting the FOIA Veil

Margaret Kwoka maps FOIA trends and explores barriers to using FOIA to increase government accountability.

The Return of the National Nanny?

The Return of the National Nanny?

Administrative convenience is a poor reason for an agency to regulate whole sectors of the economy.

The Future of Administrative Enforcement

The Future of Administrative Enforcement

Scholars examine how a recent Supreme Court decision may reshape federal agency adjudication.

Regulatory Cases in the Supreme Court’s October Sitting

Regulatory Cases in the Supreme Court’s October Sitting

The high Court will confront climate change, judicial review, and other regulatory issues.

The Hidden Costs of AI Preemption

The Hidden Costs of AI Preemption

Federal legislation should establish a floor for AI enforcement, empowering states to go further.

When a Chatbot Becomes an Export

When a Chatbot Becomes an Export

Applying export controls to AI models calls for public rulemaking, not undisclosed directives.

Saving What Is Left of Agency Adjudication

Saving What Is Left of Agency Adjudication

It is much too soon to give up on good-cause removal protections for administrative law judges.

What Bardach Was Always Asking

What Bardach Was Always Asking

Throughout his career, Eugene Bardach sought to understand how policy endeavors could fulfill their purposes.