Process

In Search of Slowness

In Search of Slowness

Systematic empirical research casts into doubt claims that rulemaking procedures have slowed down the regulatory process.

Do Expert Agencies Outperform Generalist Judges?

Do Expert Agencies Outperform Generalist Judges?

Empirical evidence suggests that expert agencies perform no better than courts.

Will Obama be Damaged by New Administrative Scandals?

Will Obama be Damaged by New Administrative Scandals?

Recent scandals will likely reinforce existing predispositions more than move the political needle.

A Confluence of Concerns with the Accumulation of Regulatory Regimens

A Confluence of Concerns with the Accumulation of Regulatory Regimens

Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.

Appreciating the Politics Inside Benefit-Cost Analysis

Appreciating the Politics Inside Benefit-Cost Analysis

Empirical research reveals stronger benefit-cost analysis during less political rulemakings.

Obama’s Reforms Give States a Shot at Coming Out Winners

Obama’s Reforms Give States a Shot at Coming Out Winners

Health care reform demonstrates President Obama’s evolving understand of federalism.

Rule of Law Prevails in Sackett v. EPA

Rule of Law Prevails in Sackett v. EPA

Don’t believe either the environmentalists or the property rights supporters.

Beyond Cost-Benefit Analysis

Beyond Cost-Benefit Analysis

Social welfare function incorporates distributional considerations into policy analysis.

Clearer Framing Needed for “Open Government”

Clearer Framing Needed for “Open Government”

Open government debate needs to separate politics from technology.

Public Consultation and Legalized Detention in China

Public Consultation and Legalized Detention in China

Open comment period helps steer China away from legalizing “residential surveillance.”

The Proper Limits of the Congressional Regulatory Veto

The Proper Limits of the Congressional Regulatory Veto

The CRA’s ban on issuing “substantially similar” rules has been misunderstood

Reconciling Cost-Benefit Analysis with the Precautionary Principle

Reconciling Cost-Benefit Analysis with the Precautionary Principle

CBA methodology can respond to societal risk-aversion.