A Price of Greater Executive Discretion
Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.
Who Decides?
Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.
Rebuilding Accountability in the Administrative State
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.
The False Dichotomy of Agency Independence
Different agency design choices result in a continuum of independence.