Process

It Is Premature to Label a Regulatory Budget Unconstitutional

The President’s one-in, two-out executive order may be difficult to implement, but it is not unconstitutional.

Enormous Benefits at Minimal Cost

Concerns about runaway regulatory costs are overblown.

The Administrative State Has Run Amok

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

A Wolf in Sheep’s Skin

The Early Participation in Regulations Act will further complicate the rulemaking process.

Scrap the Congressional Review Act

The law goes against the public interest, favoring lobbyists over public protections.

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

A Look at States’ Roles in Administrative Constitutionalism

Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.

Assessing the Regulatory Accountability Act

Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.

The Congressional Review Act Is No Antidote for Critics of Regulation

Law does not address claims of excessive delegation of Congress’s policymaking responsibilities.

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Regulatory reform bill’s public hearing requirement will hinder agencies’ attempts to regulate.

The Regulatory Accountability Act Is a Model of Bipartisan Reform

Recent bill would provide much-needed change to the most prominent source of U.S. administrative law.