Congress

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.

How the Trump Administration Might Defend Its Border Emergency

How the Trump Administration Might Defend Its Border Emergency

The validity of the newest national emergency could be supported by decades-old emergencies.

Sex Workers Fight for Safe Conditions After Being Taken Offline

Sex Workers Fight for Safe Conditions After Being Taken Offline

A new law targets online sex trafficking, but critics worry about the consequences for sex workers’ safety.

Single-Use Plastics Need Comprehensive Federal Legislation

Single-Use Plastics Need Comprehensive Federal Legislation

Despite state and local action, more effective reduction of single-use plastics must come from Congress.

Adopting Rebuttable Presumptions at the FCC

Adopting Rebuttable Presumptions at the FCC

Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.

Proposed Rule Aims to Make Drug Pricing More Transparent

Proposed Rule Aims to Make Drug Pricing More Transparent

A proposed requirement to display drug list prices in advertisements draws controversy.

Reducing Information Asymmetry in the American Gun Market

Reducing Information Asymmetry in the American Gun Market

Given the dangers of gun ownership, the firearms industry should be subject to warning label requirements.

Warren’s Bill Presents Progressive Vision for Rulemaking Reform

Warren’s Bill Presents Progressive Vision for Rulemaking Reform

Recent bill would boost public participation and reduce capture in the regulatory process.

Invoking a Right to Try in Regenerative Medicine

Invoking a Right to Try in Regenerative Medicine

Scholars caution against using the Right to Try Act to skirt regulation for regenerative therapies.

CRA Resolutions Against Agency Guidance Are Meaningless

CRA Resolutions Against Agency Guidance Are Meaningless

GAO is wrong to think that Congress can use the CRA to overturn agency guidance.

How Regulatory Agencies Undervalue Life

How Regulatory Agencies Undervalue Life

Agencies should boost penalties for fatal rule violations to match the value of a statistical life.

Kavanaugh and the Deference Doctrines

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.