Process

Smarter Regulation for the “Optimizing Economy”

Smarter Regulation for the “Optimizing Economy”

An economy increasingly based on algorithms will need a more sophisticated government, too.

Justice Scalia’s Greatest Hits in Administrative Law

Justice Scalia’s Greatest Hits in Administrative Law

The Regulatory Review reflects on the late Justice Scalia’s most consequential—and colorful—opinions in administrative law.

Regulatory Agenda Offers Glimpse Into Obama Adminstration Priorities

Regulatory Agenda Offers Glimpse Into Obama Adminstration Priorities

Agenda details some of the Administration’s high priority rules for 2016.

A Price of Greater Executive Discretion

A Price of Greater Executive Discretion

Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.

For Law Enforcement, Super Bowl Security Took Center Stage

For Law Enforcement, Super Bowl Security Took Center Stage

Federal, state, and local agencies aimed to safeguard major sporting event in the wake of terrorist attacks.

Conventions as Constraints on Executive Discretion

Conventions as Constraints on Executive Discretion

Adrian Vermeule’s closing remarks highlight the role of conventions in limiting the exercise of executive power.

Enhancing Democracy With Presidential Signing Statements

Enhancing Democracy With Presidential Signing Statements

Christopher Yoo argues in defense of the use of presidential signing statements.

Using the APA to Constrain Presidential Inaction

Using the APA to Constrain Presidential Inaction

Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.

Who Decides?

Who Decides?

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Does Anyone Know What the “Take Care Clause” Means?

Does Anyone Know What the “Take Care Clause” Means?

Courts have used the take care clause in multiple, and sometimes conflicting, ways.

The Role of Faithful Execution in U.S. Immigration Policy

The Role of Faithful Execution in U.S. Immigration Policy

Patricia Bellia explores legality of deferred action program under the faithful execution clause.

The Case for Greater Executive Discretion

The Case for Greater Executive Discretion

Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.