Administrative Law

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

The Supreme Court’s 2018–2019 Regulatory Term

Commentators highlight the ramifications of the Court’s most significant regulatory cases.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Public Engagement in Rulemaking

Agencies should work to expand public engagement efforts beyond notice and comment.

Recusal Rules for Administrative Adjudicators

ACUS’s recommendation on recusal could improve federal agency adjudication.