Administrative Law

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.

Inside Agency Class Actions

Most agencies enjoy authority to aggregate cases and would benefit from doing so, but very few actually do.

The Regional Reality of Federal Regulation

Penn Law students learn about adjudication and regional enforcement of regulations.

Cost-Benefit Analysis and Social Welfare Functions

Cost-benefit analysis has become a routinized part of policymaking. Probing what justifies this methodology helps us to see how it might be improved.

Independent Regulatory Agencies Are Not Likely to Be Part of President Obama’s Midnight Rulemaking

A recent report suggests that unlike executive agencies, independent agencies get to continue dancing right past midnight.