Process

Would a National Popular Vote Make Every Vote Count?

Proposed legislation could change state regulations that allocate presidential electoral votes.

Could DHS Rescind DACA Based On Litigation Risk?

Agency predictions of court behavior are not always a tenable justification for rescission.

The Semi-Autonomous Administrative State

Administrative law should move past its dichotomous debate over agency independence.

Kavanaugh’s First-Year Report Card

In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.

Is a Ceiling on Regulatory Costs Reasonable?

Setting a regulatory budget at a cost of zero ignores evidence of regulation’s high return on investment.

A Proposal to Help Congress Enact Civil Service Reforms

Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.

Should Regulators Shame Companies into Compliance?

Naming and shaming can serve as a legitimate, efficient, and democratic regulatory approach.

How the Government Shutdown Turned into a Judicial Slowdown

Deferred maintenance of the courts is symbolized by failure to reach annual budgetary agreements.

Reboot Washington to Restore Honor to Public Service

Human agency is at the center of the solution to fix the government and the civil service.

Silver Linings Action Plan

To solve the “quiet crisis” in the civil service, the federal government must improve workforce recruitment.

Let Light Shine on Government’s True Size

The challenges facing today’s federal blended workforce calls for a reprise of the Volcker Commission.

Silver Linings Shutdown

Distinguished lecture at Penn Law offers hope that the long shutdown of the federal government in early 2019 will lead to positive reforms.