The National Injunction and the Administrative Procedure Act
Critics of national injunctions should not stretch the meaning of key words in the APA.
The Ambiguity in Judge Kavanaugh’s Chevron Critique
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Kavanaugh and the Deference Doctrines
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.
Negotiated Rulemaking and the Borrower Defense Regulation
“Do-over” of Obama-era rule shines a spotlight on alternative to notice-and-comment rulemaking.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
Challenging the Anti-Regulatory Narrative
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Laying Down the Law on Rule Delays
Recent judicial decisions help clarify the legality of rule freezes after a change in administration.
Headless Agency Adjudication at the Patent Office
Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.
Learning What Works in Regulation
ACUS recommends agencies take steps to study the impacts of their rules.
Using Plain Language to Draft Regulations
ACUS recommendation offers suggestions for making the language of agency documents more accessible.
Understanding and Addressing Controversies About Agency Guidance
Experts weigh in on recent report and ACUS recommendation on agency guidance.
Guidance and the Congressional Review Act
Congress faces issues in attempting to apply regulation-removing law to agency guidance.