Process

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

The Search for Sound Vocational Evidence in Disability Adjudication

Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.

Police Departments Adopt Automated DNA Testing

Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Is Insurance Regulation Unconstitutional?

Scholar argues that the National Association of Insurance Commissioners’s power to regulate violates states’ constitutions.

Supreme Court Examines Liquor Retail Regulations

The Court’s decision will weigh states’ regulatory powers against concerns of economic protectionism.

Public Engagement in Rulemaking

Agencies should work to expand public engagement efforts beyond notice and comment.

Recusal Rules for Administrative Adjudicators

ACUS’s recommendation on recusal could improve federal agency adjudication.

Hurdles in Building Public-Private Partnerships

Guidance from ACUS could help agencies navigate partnerships with the private sector.