Process

Thinking Through OIRA Review of Tax Regulations

OIRA review of significant tax rules raises new questions about the shape of centralized administrative oversight.

Shunting Aside Chevron Deference

The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.

Reining in Technocracy to Increase Democratic Legitimacy

Reducing the power of technocrats will strengthen democratic legitimacy and political stability.

Cutting Through the Rhetoric of Cutting Red Tape

Regulatory counting paints a distorted picture of the costs and benefits of regulatory action.

Regulatory Reform Under Reagan and Trump

Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.

Challenging the Anti-Regulatory Narrative

The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.

Lucia Turns Out to Be Much Ado About Nothing

The Court’s decision about administrative judges skirts major separation of powers questions.

Voters’ Distrust of Legislators Drives Agency Lawmaking

Does Congress delegate its authority to gain credibility with the public?

Hyping the Cost of Regulation

Regulatory action should be based on accurate estimates of regulatory benefits and costs.

Laying Down the Law on Rule Delays

Recent judicial decisions help clarify the legality of rule freezes after a change in administration.

California Shines a Light on Dark Money

A recently passed state disclosure law will help reveal who pays for political ads.

Partisanship Drives State Agencies’ Resistance to Federal Regulation

Data show that geography and party affiliation predict state agencies’ pushback against federal policies.