Administrative Law

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.

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

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

The Ongoing Rise of Good Governance in China

Influenced by American and Western practices, China continues to produce governmental innovations.

Adjudicating by Algorithm, Regulating by Robot

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

Donald Trump’s Unconstitutional Executive Order on Regulations

President Trump’s “one-in, two-out” mandate is irrational and violates the Constitution.

Will Congressional Review Act Repeals Change Agency Behavior?

The Trump Administration’s embrace of a seldom-used law may undermine future regulatory efforts.

The Role of Federal Judges in the Modern Administrative State

Judge Gorsuch’s confirmation hearings offer a key opportunity to examine a judge’s philosophy on the judiciary’s proper role under the Constitution.

Measuring the Obama Administration’s Historic Midnight Surge

Scholars model the impact of regulations issued in the final months of the Obama Administration.

The Public Interest in Public Securities Settlements

Legal scholar argues SEC settlements after Dodd-Frank create potential costs for defendants and the public.

Can Canada School Trump on Regulatory Reform?

As Trump takes aim at regulation, Canada’s experience with regulatory budgeting offers a possible template.

Unraveling Trump’s “Two-for-One” Regulatory Reform Plan

Scholar considers how costs and benefits might be calculated under a regulatory offsets system.