Process

Should We Run Agencies More Like Businesses?

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

Do Not Forget to Wear a Hat

EPA provides advice instead of regulation in the new nanny state.

The Case for Regulating After Harms Occur

Scholar argues that society is best off when regulators punish violations after the fact.

The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking

Administrative agencies should not be required to use a process that has been obsolete for decades.

The FTC and Net Neutrality’s Plan B

Would the FTC be an effective body for regulating Internet openness?

The Case for Regulating Before Harms Occur

Scholar argues that regulators should try to impose penalties before rule violations can hurt society.

Why Cabinet Secretaries Should Not Threaten Members of Congress

Basic principles of American government limit the political role of administrative agencies in legislative debates.

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Independent agencies should mirror executive branch practices to overcome judicial scrutiny.

Supreme Court Clarifies Test for Evaluating Useful Articles

Decision may have implications for the protection of other industrial designs.

Constraining the SEC’s Enforcement Options

Supreme Court limits agency’s ability to demand repayment of illegal gains.

Supreme Court Raises the Bar for Students with Disabilities

Court unanimously revises its approach to students’ individualized education plans.

Restricting Race-Conscious Redistricting

Two decisions by the Supreme Court impose new limits on racial redistricting.