Process

Critical Race Theory and the Trust Responsibility

Critical Race Theory and the Trust Responsibility

Critical race theory training is essential for fulfilling the U.S. government’s moral and fiduciary obligation to Tribes.

To Democratize Regulation, Reform Regulatory Analysis

To Democratize Regulation, Reform Regulatory Analysis

Regulators must incorporate public values into their cost-benefit analyses.

The Most Significant Indian Law Decision in a Century

The Most Significant Indian Law Decision in a Century

A recent Supreme Court decision will have major implications for regulatory authority over tribal land in Oklahoma.

Reviving the Power of the FTC

Reviving the Power of the FTC

High-level officials within the FTC call for the return of a key enforcement authority.

The Irrationality of Market Failure Theory

The Irrationality of Market Failure Theory

The economic principles underlying cost-benefit analysis exclude future impacts.

The Role of Law, Not Just the Rule of Law

The Role of Law, Not Just the Rule of Law

The law should complement—not control—private decision-making.

Controversy in Cascadia

Controversy in Cascadia

A rushed federal building sale could restrict access to critical regulatory documents in the U.S. Pacific Northwest.

Regulatory Reset

Regulatory Reset

The Biden memorandum signals continuity in some areas of regulatory practice and dramatic shifts in others.

Flipping the Mission of Regulatory Review

Flipping the Mission of Regulatory Review

President Biden’s memo could transform the mission of regulatory review by expanding OIRA’s role.

Rejecting the Trump Anticanon of Regulatory Mismanagement

Rejecting the Trump Anticanon of Regulatory Mismanagement

The Biden memo on improving regulatory review reintroduces competent, bipartisan cost-benefit analysis.

A New Era for Regulatory Review

A New Era for Regulatory Review

President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process.

Regulatory Review, Biden Style

Regulatory Review, Biden Style

Agency experts—not OIRA—must take the lead in regulatory decision-making under the Biden Administration.