Hundreds of Recent Final Rules Are Technically Unlawful
Agencies apparently fail to comply with a mandatory reporting requirement for many federal regulations.
Rebuilding Accountability in the Administrative State
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.
Is it Time to Reconsider Chevron Deference?
The Regulatory Review proudly features the remarks of Ann R. Klee, keynote speaker at the Penn Program on Regulation’s annual dinner.
GAO Says Congressional Review Act Not Triggered by Proposed Rules
Congressional watchdog declares that proposed regulations are not subject to CRA.
Reframing the Discussion on Money in Politics
Congressional ethics expert urges regulating lobbying, campaign finance, and gifts simultaneously.
Politics, Law, and Presidential Power
Disputes about the limits of executive power cannot be productively resolved by appeals to the Constitution.
Achieving Procedural Fairness in Black Lung Benefits Hearings
Black lung disease is increasing, but fewer miners can successfully claim benefits.
Regulating the Settler-in-Chief
When it comes to brokering settlements, presidential power may need to be regulated.
It’s Time to Make Rulemaking Really Transparent on Agency Websites
Regulatory agencies should do more to make information about proposed rules more accessible.