Process

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

Lawmakers should be trained to limit excessive regulation.

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

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

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

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

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

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

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

Suggested legal system reform could help inmates pursue civil rights claims.

Improving the justice system requires more than just using technology and relaxing requirements for lawyers.

The economic foundations of Executive Order 12,866 underscore its continued importance in regulatory review.