Rulemaking

Assessing the Regulatory Accountability Act

Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.

The Congressional Review Act Is No Antidote for Critics of Regulation

Law does not address claims of excessive delegation of Congress’s policymaking responsibilities.

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Regulatory reform bill’s public hearing requirement will hinder agencies’ attempts to regulate.

The Regulatory Accountability Act Is a Model of Bipartisan Reform

Recent bill would provide much-needed change to the most prominent source of U.S. administrative law.

Donald Trump’s Unconstitutional Executive Order on Regulations

President Trump’s “one-in, two-out” mandate is irrational and violates the Constitution.

Looking More Closely at the Platypus of Formal Rulemaking

Legal scholar argues that the oft-criticized formal rulemaking process has virtues in proper settings.

Ditch the Flawed Legislative Proposal to Police Agency Communications

Provisions of the Senate’s Regulatory Accountability Act would do more harm than good.

A Good Effort, with One Glaring Flaw

Regulatory reform bill’s requirement of oral evidentiary hearings for rulemakings may prove to be ineffective.

Department of Agriculture Revises Its Organic Standards

Agency finalizes rule on production standards for organic livestock and poultry.

Will Congressional Review Act Repeals Change Agency Behavior?

The Trump Administration’s embrace of a seldom-used law may undermine future regulatory efforts.

Improving the Process of Making Rules at Independent Agencies

Following certain procedural steps will strengthen independent agencies’ rulemaking processes.