Process

Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.

Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.

A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.

Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.

Voluntary codes and standards affect many important aspects of the law and the legal system.

The Penn Program on Regulation launches a new curricular resource site that showcases the importance of voluntary codes and standards.

Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.

Scholars argue that career officials in the executive branch have significant decision-making power.

Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.