Administrative Procedure

Getting Back to the Basics with Agency Rulemaking

The United States needs a bipartisan push to bring transparency and accountability back into the rulemaking process.

Should We Run Agencies More Like Businesses?

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

A Debate Over President Trump’s “One-In-Two-Out” Executive Order

Policy experts consider the constitutionality of a cornerstone of the President’s regulatory reform efforts.

A Wolf in Sheep’s Skin

The Early Participation in Regulations Act will further complicate the rulemaking process.

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

Assessing the Regulatory Accountability Act

Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.

The Trump Administration’s Regulatory Reform Options

The new Administration and Congress can use several procedures to cut down on regulation.

Improving Regulatory Analysis at Independent Agencies

Independent agencies should adopt four key analytical standards.

Improving the Process of Making Rules at Independent Agencies

Following certain procedural steps will strengthen independent agencies’ rulemaking processes.

Inside Agency Class Actions

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

An Education in Regulatory Reform

Penn Law students met with experts in Washington to discuss proposals for reforming the regulatory process.

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.