Rulemaking

E-Cigarette

Did a Federal Ethics Loophole Worsen the Vaping Crisis?

Congress should adopt stronger restrictions on former federal officials’ ability to lobby their old employers.

A Stronger Separation of Powers for Administrative Agencies

A better model for the administrative state includes both agency expertise and congressional oversight for major regulations.

Is Regulation Good for Business?

Former CFPB Director argues that businesses often prefer clear prescriptive rules over general standards.

Does Presidential Ideology Influence OIRA Review?

Scholars report that White House review exerts a deregulatory influence on agency rulemaking.

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

Guiding Agencies to Improve Transparency and Efficiency

Scholars analyze ACUS recommendations to improve efficiency, public access, and transparency in agency procedures.

Is the Fiduciary Rule Dead?

The fiduciary rule may still be enforceable because of the Labor Department’s failure to act.

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Proposed Joint-Employer Rule May Restrict Workers’ Bargaining Power

Federal labor agency proposes a new rule to end confusion over the joint-employer standard.

Proposed Rule Aims to Make Drug Pricing More Transparent

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

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.