An Empirical Analysis of the Establishment of Independent Agencies
A divided government may not fully explain the creation of agencies not directly controllable by the President.
Achieving Agency Compliance
Scholar examines the role of contempt findings in ensuring agency compliance with court orders.
When Federal Agencies Do Not Answer to Courts
Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.
The Future of Countercyclical Regulation
Scholars evaluate the viability of adjusting regulations to accommodate changes in economic conditions.
The Constitutional Executive Order on Regulatory Budgets
President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.
Ordering Agencies to Violate the Law
President Trump’s regulatory budget executive order withholds agency action and harms the American public.
It Is Premature to Label a Regulatory Budget Unconstitutional
The President’s one-in, two-out executive order may be difficult to implement, but it is not unconstitutional.
The Administrative State Has Run Amok
Recent momentum in favor of regulatory reform is a positive development, and long overdue.
A Wolf in Sheep’s Skin
The Early Participation in Regulations Act will further complicate the rulemaking process.
Scrap the Congressional Review Act
The law goes against the public interest, favoring lobbyists over public protections.
Giving the Platypus of Formal Rulemaking a Second Look, Again
Legal scholar reexamines the formal rulemaking process in response to criticism.