Congress

An Empirical Analysis of the Establishment of Independent Agencies

A divided government may not fully explain the creation of agencies not directly controllable by the President.

Scrap the Congressional Review Act

The law goes against the public interest, favoring lobbyists over public protections.

The Role of Federal Judges in the Modern Administrative State

Judge Gorsuch’s confirmation hearings offer a key opportunity to examine a judge’s philosophy on the judiciary’s proper role under the Constitution.

Treasury Pick’s Oversight of “Robo-Signing” Heats Up Nomination Proceedings

Steven Mnuchin continues to advance in U.S. Senate even as Democrats decry his role during financial crisis.

Potential Legislative Developments in the Regulatory State in 2017

The 115th Congress brings great promise for the Republican agenda, although not all planned reforms will happen overnight.

The Trump Administration’s Regulatory Reform Options

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

The Unhealthy Return to Individual Responsibility in Health Policy

The Republicans’ ACA replacement plan espouses individual responsibility—a naïve and ill-advised approach to healthcare reform.

Regulating International Cyberwarfare

Expert proposes approach to determine the optimal regulatory framework for cyberwar.

The Future of the Education Department’s Power to Cancel Student Loan Debt

The Department only seems to use its compromise power in a very narrow set of cases, but there are signs that the zeitgeist may be shifting.

The Dark Side of Departmental Discretion

New regulations governing student debt leave too much power concentrated with Education officials.

Even for Defrauded Students, Debt Relief is Rarely Granted

Reluctance by Education officials to exercise their debt cancellation powers unfairly punishes students.

Student Loans Should Not Fund the Department of Education

Federal officials should reorient themselves around students’ best interests instead of departmental budgets.