Process

OIRA Reinvigorated

Over the last two years, OIRA has made many positive contributions to the administrative state.

Adopting Rebuttable Presumptions at the FCC

Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.

Supreme Court to Review Notice Requirements for Medicare Payment Rules

Court’s ruling could determine the procedure for changing hospital reimbursement formulas.

Make Benefit-Cost Analysis Meaningful

Regulatory benefit-cost analysis should account for people’s welfare, not just empirical data.

Managing the Monster

Lawmakers should be trained to limit excessive regulation.

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Who Gets to Define the Crime?

A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

Building Capacity for Economic Analysis at Independent Agencies

Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.

Evaluating the Grand Bargain

Triaging serious cases and simplifying criminal procedure could raise significant risks.

Misdemeanor Cases Need Lawyers Too

Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.

Reforming Criminal Justice by Reforming Lawyers

Revamping the regulation of legal services might be a first step toward overhauling criminal justice.

Preventing Error Requires Not Just More Resources, But Better Incentives Too

Improving legal representation in criminal cases requires focusing on prosecutors as well as defenders.