Process

The Constitutional Executive Order on Regulatory Budgets

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

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

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.

Enormous Benefits at Minimal Cost

Enormous Benefits at Minimal Cost

Concerns about runaway regulatory costs are overblown.

The Administrative State Has Run Amok

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

A Wolf in Sheep’s Skin

The Early Participation in Regulations Act will further complicate the rulemaking process.

Scrap the Congressional Review Act

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

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

A Look at States’ Roles in Administrative Constitutionalism

A Look at States’ Roles in Administrative Constitutionalism

Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.

Assessing the Regulatory Accountability Act

Assessing the Regulatory Accountability Act

Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.

The Congressional Review Act Is No Antidote for Critics of Regulation

The Congressional Review Act Is No Antidote for Critics of Regulation

Law does not address claims of excessive delegation of Congress’s policymaking responsibilities.

Adjudicating by Algorithm, Regulating by Robot

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.