Process

Constraining the President’s Appointment Power

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

The Supreme Court’s 2016–2017 Regulatory Term

The Supreme Court’s 2016–2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

The Dangers of Formulaic Deregulation

The Dangers of Formulaic Deregulation

Executive Order 13,771 could lead to incidents like the Grenfell Tower fire in the United States.

An Empirical Analysis of the Establishment of Independent Agencies

An Empirical Analysis of the Establishment of Independent Agencies

A divided government may not fully explain the creation of agencies not directly controllable by the President.

Achieving Agency Compliance

Achieving Agency Compliance

Scholar examines the role of contempt findings in ensuring agency compliance with court orders.

When Federal Agencies Do Not Answer to Courts

When Federal Agencies Do Not Answer to Courts

Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.

The Future of Countercyclical Regulation

The Future of Countercyclical Regulation

Scholars evaluate the viability of adjusting regulations to accommodate changes in economic conditions.

The Constitutional Executive Order on Regulatory Budgets

The Constitutional Executive Order on Regulatory Budgets

President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.

Ordering Agencies to Violate the Law

Ordering Agencies to Violate the Law

President Trump’s regulatory budget executive order withholds agency action and harms the American public.

A Debate Over President Trump’s “One-In-Two-Out” Executive Order

A Debate Over President Trump’s “One-In-Two-Out” Executive Order

Policy experts consider the constitutionality of a cornerstone of the President’s regulatory reform efforts.

Enormous Benefits at Minimal Cost

Enormous Benefits at Minimal Cost

Concerns about runaway regulatory costs are overblown.

The Administrative State Has Run Amok

The Administrative State Has Run Amok

Recent momentum in favor of regulatory reform is a positive development, and long overdue.