Process

The Sunshine Act and Transparency at the FCC

New practice of releasing drafts of proposed actions enhances the public’s understanding of agency actions.

Trump’s Red Tape Rollback

The Trump Administration’s regulatory rollback highlights the opportunities and obstacles that lie ahead.

Improve Regulation, Do Not Repeal It

The deregulatory agenda should be replaced with a regulatory improvement agenda.

Scrutinizing Deference to Administrative Agencies

Scholar evaluates arguments for scaling back deference doctrines in light of renewed interest in reform.

On the Pitfalls of Performance Standards

Governments need to consider the limitations of performance standards when choosing regulatory strategies.

Revisiting Deference to Agencies in Criminal Deportation Cases

Scholar argues against using agency interpretations of immigration law in criminal deportation cases.

Getting Back to the Basics with Agency Rulemaking

The United States needs a bipartisan push to bring transparency and accountability back into the rulemaking process.

Is There an International Case for Trump’s “One-in-Two-Out” Order?

Comparative study suggests deregulatory policy is stronger as a political symbol than an economic stimulus.

The Dangerous Consequences of Repealing the CFPB’s Arbitration Rule

Without the possibility of class action lawsuits, consumers are now more vulnerable to corporate fraud.

Repeal of Mandatory Arbitration Ban Is a Wall Street Giveaway

Critics of CFPB’s arbitration rule are wrong about who bears the harms of forced arbitration.

Regulatory Reform Should Be About Strengthening Legislative Responsibility

Countries like Australia and Canada offer models for reining in delegation of lawmaking authority to agencies.

Does the Administrative State Threaten U.S. Democracy?

Panel focuses on claims of potential dangers from growth in government agencies.