Process

Shame on You!

Scholar argues that shaming is an effective tool against violators of regulations.

Can the President Modify a Monument?

Scholar argues that only Congress has the power to modify a National Monument.

The Value of the CRA for Agency Guidance

The Congressional Review Act restores notions of separation of powers and empowers private parties affected by regulation.

Does Presidential Ideology Influence OIRA Review?

Scholars report that White House review exerts a deregulatory influence on agency rulemaking.

Administrative Law Essay Competition Winners

Two essays by student winners of a Penn Law essay competition describe important regulatory developments.

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

The Coming Decline of Anti-Regulatory Conservatism

The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Fixing Antitrust’s Indirect Purchaser Rule

A recent Supreme Court case allows end users to sue for antitrust violations.

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.