Regulatory Year in Review: 2011
Cost-benefit analysis, Europe’s E. coli outbreak, health care antitrust, environmental regulation, and more … as discussed in our top analysis posts from 2011.
Calibrating Chevron for Preemption
Regulatory preemption of state law should be tied to the presence of a preemption clause.
FCC Staff Report Finds AT&T/T-Mobile Merger Contrary to Public Interest
AT&T calls report “obviously one-sided” and questions whether its authors were “predisposed.”
Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference
Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.
Advocate on Health Care Act Discusses Supreme Court’s Current Term
A former Solicitor General, who will argue for the act’s unconstitutionality, spoke at Penn Law.
“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”
Distinct concepts clarify judicial review of U.S. agency decision making.
Bipartisan Bill Would Add Procedural Hurdles to Agency Rulemaking
Bill places special emphasis on rules with a high impact on the economy.
PPR Hosts Conference on U.S. Regulation Crisis
Leading scholars analyze whether regulation has suffered a breakdown.
The Ozone Standard as Presidential Policy: Some Concerns
Obama’s short-term decision dangerously contradicts long-term legislative policy.
Obama’s Ozone Decision Shows Clearly Who’s in Charge
Letter from OIRA Administrator Sunstein emphasizes President’s role.
ACUS Committee Discusses Online Access to Rulemaking
Committee investigates how to improve public access via the Internet.
Debt Ceiling Legislation Also Speaks to Administrative Law
Rules governing student loans are exempt from a negotiated rulemaking mandate.