Administrative Procedure

When the Rule-Makers Are Captured

According to experts on a recent panel, identifying, measuring, and tackling capture should be a top priority for government.

Old and New Capture

These two forms of regulatory capture require different solutions.

Preventing Regulatory Capture

When a regulation’s benefits exceed its costs, simplicity and interdisciplinary processes are essential to reducing capture.

Committee Recommends Cautious Use of Issue Exhaustion Doctrine in Rulemaking Cases

ACUS committee warns against requirement to raise issues in rulemaking before seeking judicial review.

Bringing Administrative Hearings to the People

Administrative Conference report recommends best practices for video conferencing by federal agencies.

Evaluating Regulations after the Fact

ACUS calls for incorporation of retrospective analysis into the regulatory process.

Hundreds of Recent Final Rules Are Technically Unlawful

Agencies apparently fail to comply with a mandatory reporting requirement for many federal regulations.

GAO Says Congressional Review Act Not Triggered by Proposed Rules

Congressional watchdog declares that proposed regulations are not subject to CRA.

Federal Agency Recommends Improvements in Government Transparency

Latest ACUS recommendations seek to promote a more open and efficient government.

The False Dichotomy of Agency Independence

Different agency design choices result in a continuum of independence.

How Should We Judge Agencies’ Decisions “Not to Decide?”

Working paper says agencies have broad, but cabined, discretion to delay and defer.

When It Comes to Regulation, Europe is the New United States

PPR seminar speaker argues that Europe has become a global leader in regulation, US more restrained.