Make Benefit-Cost Analysis Meaningful
Regulatory benefit-cost analysis should account for people’s welfare, not just empirical data.
Enduring Principles of Sound Regulatory Analysis
The economic foundations of Executive Order 12,866 underscore its continued importance in regulatory review.
Regulatory Process in Dire Need of Reform
EPA exemplifies how agency rulemaking pushes the boundaries of lawful policymaking.
The Pitfalls of Consistent Cost-Benefit Analyses
A one-size-fits-all approach to cost-benefit analysis won’t necessarily ensure better policy.
Regulating Cost-Benefit Analysis
EPA’s advance notice raises fundamental questions about how the agency should weigh costs and benefits.
Cutting Through the Rhetoric of Cutting Red Tape
Regulatory counting paints a distorted picture of the costs and benefits of regulatory action.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
Challenging the Anti-Regulatory Narrative
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Trump Never Really Ordered a Halt to Child Separations
The President’s executive order purportedly ending family separations was merely symbolic.
Presidential Authority and the Antiquities Act
Scholars contend that the President may revoke monument designations made during previous administrations.
Addressing Uncertain Forgone Benefits of Deregulatory Actions
Interested stakeholders may have a role in quantifying deregulatory impacts for agencies.
The Travel Ban in Court
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.