Congratulations and thank you to The Regulatory Review’s 2021-2022 Editorial Board.
The Regulatory Review would like to thank the members of the 2021-2022 editorial board for their passion and hard work in producing this publication. With joy, we also offer our congratulations to everyone graduating today from the University of Pennsylvania Carey Law School!
Under the leadership of last year’s editorial board, The Regulatory Review covered critical issues in regulation while promoting accessibility, equity, and inclusion of diverse topics and perspectives. The current editorial board offers this special feature to honor and thank the 2021-2022 board members. Their excellence, kindness, and mentorship have been instrumental for making The Regulatory Review a fulfilling, enjoyable experience. As they graduate, we look forward to seeing them continue to excel as visionaries and advocates in new contexts.
“The accomplishments of last year’s board members would be significant in any year: the publication of more than 400 essays and news stories over the course of the year; the most successful recruitment of associate editors up to that time; and more,” said Cary Coglianese, the faculty advisor to The Regulatory Review and Director of the Penn Program on Regulation, which sponsors The Review. “The fact that they made these accomplishments while still working under various public health restrictions makes their achievement all the more noteworthy.”
“I congratulate the members of the editorial board graduating from law school and wish them all the best in what I know will be successful careers with both impact and service to the profession and to society,” Coglianese added. “And I personally offer my special thanks for exceptional leadership over the past year to Jocelyn Walcott, Editor in Chief, Richard DiNapoli, Managing Editor, and Brianna Rauenzahn, Community Editor.”
Today, on the day of Penn Law’s graduation, we would like to take this opportunity to celebrate their accomplishments and highlight some of their work published in The Review. Congratulations and thank you!
—2022-2023 Editorial Board of The Regulatory Review
Jocelyn Walcott, Editor-in-Chief
January 17, 2022 | The Biden-Harris Administration’s Racial Equity Efforts | Although much more work remains, the current Administration has made historic progress in advancing equity.
December 7, 2021 | U.S. Foreign Anti-Corruption Regulation Spurs Economic Growth | Scholars posit that FCPA regulation may improve economic conditions in developing countries.
September 28, 2021 | States Regain Regulatory Power Over Predatory Loan Servicers | The Education Department’s new interpretation of federal law empowers states to protect student loan borrowers.
July 6, 2021 | Ending the Long Wait for Federal Guidance on Reopening Schools | The Education Department’s COVID-19 guidance may signal a return to information sharing.
Richard DiNapoli, Managing Editor
May 11, 2022 | Giving the Power of Preemption to Private Business | Florida lawmakers create a pathway for companies to challenge local regulations that affect profits.
November 3, 2021 | When Securities Enforcement Hurts the Securities Market | Scholar argues that traditional enforcement against digital assets will only reduce information for investors.
October 14, 2021 | Collecting Information on Artificial Intelligence | Scholar advocates new research on current and emerging uses of advanced technologies.
May 13, 2021 | Reconstructing Expertise to Combat Financial Risk | Scholar argues that U.S. financial regulators need a revived research agency.
November 12, 2020 | FDA and the Importation of Prescription Drugs | Scholars evaluate a recent FDA rule that creates an importation program for Canadian prescription drugs.
Brianna Rauenzahn, Community Editor
May 10, 2022 | Addressing an Algorithmic PATTERN of Bias | The Justice Department pledges to address racial bias in an algorithm that determines early release.
March 2, 2022 | Addressing the Crisis of Missing and Murdered Indigenous Women | Indigenous women are dual victims of violent crimes and federal policies that fail to mitigate the crisis.
November 2, 2021 | A Fili-Busted Balance of Power | The filibuster has caused Congress to give up its constitutional power to oversee the administrative state
June 9, 2021 | Making Drugs Safe to Kill? | Lawyer proposes a new legal framework for reviewing FDA’s refusal to regulate lethal injection drugs.
December 29, 2020 | Whose American History? | President Trump signs an executive order to encourage a focus on liberty in public school history curricula.
December 10, 2020 | A First Amendment Balancing Act | Scholars recommend limited government restrictions on false political speech.
Hannah Leibson, Executive Editor
December 24, 2021 | Are Artificial Christmas Trees Safe? | Chemicals in artificial Christmas trees may pose health and environmental risks.
December 8, 2021 | The Australian Model for Rooftop Solar Energy | Australian regulators demonstrate the benefits and drawbacks of locally driven policy.
August 24, 2021 | Responsible Regulation in the Era of Zoonotic Disease | Scholar argues for increased monitoring and regulatory coordination to curb zoonotic disease spread.
May 26, 2021 | Macaroni and Cheese with a Side of Regulation | FDA faces mounting pressure from advocacy groups claiming a high chemical content in macaroni and cheese.
April 21, 2021 | Accessibility Is Not Optional | COVID-19 vaccine distribution campaigns must prioritize compliance with disability laws.
February 16, 2021 | Can Regulators Save Midwestern Beaches? | Historic water levels across the Great Lakes region present state regulators with significant challenges.
February 4, 2021 | A Vision for a Federal Election Agency | Scholars advocate the creation of a new independent agency to oversee all federal election administration.
January 13, 2021 | A Primer on Midnight Regulations | As Biden’s inauguration approaches, regulators race against the clock to finalize rules.
November 3, 2020 | The Rise of the Political Text Message | The FCC gives political campaigns the long-awaited green light on peer-to-peer text messaging.
Sabrina Minhas, Executive Editor
April 21, 2022 | Forcing Marginalized Communities to Compete | Scholar argues that pension fund managers have pitted vulnerable retirees against marginalized communities.
November 17, 2021 | Returning Morality to Small Dollar Lending | Scholar argues that policymakers should reexamine usury laws and introduce public banking to combat payday lending.
August 4, 2021 | Antitrust Enforcement of Startup Acquisitions | Scholars urge antitrust enforcement against technology firms that acquire startups.
May 20, 2021 | Promoting Justice in Credit Markets | Scholar recommends that regulators incorporate principles of distributive justice into credit markets.
January 14, 2021 | Stopping Predatory Fintech Lending | Scholar argues that fintech firms engage in predatory lending.
Megan Russo, Executive Editor
October 20, 2021 | Regulating Prison Labor | Experts are debating whether current workplace protections adequately shield incarcerated workers.
September 29, 2021 | The Fair Housing Act’s Unexpected Potential | Scholar shows how to use fair housing law to combat gentrification’s harms.
August 25, 2021 | How Artificial Intelligence Can Combat Climate Change | Scholar explains how regulators can use artificial intelligence as an effective tool for slowing climate change.
July 14, 2021 | Reversing a Midnight Expansion of the Death Penalty | The Biden Administration is expected to withdraw last-minute Trump Administration death penalty regulation.
June 16, 2021 | Something Fishy About Seafood Inspection | Government watchdog finds that FDA is not properly inspecting imported seafood.
May 6, 2021 | Restoring Trust in the Media | Scholar argues for increased regulation of news media to promote fairness and objectivity.
March 10, 2021 | Mismatched Gender Markers on State ID Cards | Scholar argues for simpler processes to change gender on identification cards.
January 21, 2021 | Reducing COVID-19 Behind Bars | Criminal justice experts warn that more needs to be done to mitigate coronavirus in U.S. jails and prisons.
January 12, 2021 | The Lawlessness of Presidential Transitions | Scholar argues for more stringent guidelines to govern the transfer of presidential power.
November 17, 2020 | Preserving Community and Neighborhood Choice? | Critics argue that the Trump Administration’s rule to protect suburbs will negatively impact fair housing.
Jasmine Wang, Executive Editor
April 25, 2022 | Last Federal Mask Mandate Standing | A federal judge rules CDC cannot require travelers to wear masks on airplanes or public transportation.
February 22, 2022 | Are Electric Shock Devices Torture or Therapy? | The use of electric shock devices on people with disabilities remains deeply controversial.
February 15, 2022 | Masking Up Against Counterfeits | The CDC’s newest mask guidance raises concerns about the authenticity of KN95 and N95 masks on the market.
September 27, 2021 | Reversing Roe in Texas | Under the state’s recently enacted restrictions, experts say access to abortion has been effectively gutted.
September 2, 2021 | The Mystery of Tampon Regulation | Advocates argue that FDA’s lax tampon regulations leave consumers exposed to significant risks.
April 27, 2021 | Health Regulation’s Ticking Time Bomb | Under a lingering Trump Administration rule, more than 18,000 regulations could vanish.
April 14, 2021 | A New Era for Housing Protections | HUD enforces the Fair Housing Act to prohibit discrimination against LGBTQ individuals.
March 18, 2021 | Electricity Problems Are Bigger in Texas | Despite historic power vulnerability, state regulators failed to prepare for the winter storm of the century.
January 26, 2021 | The Future of the Abortion Pill | FDA’s regulation of medication abortion must be guided by science, not politics.
December 1, 2020 | Ensuring Access to Confidential Reproductive Care | Scholar argues that changes to Title X regulations could prevent adolescents from accessing reproductive care.
Annie Blackman, Senior Editor
March 23, 2022 | The Administrative Attack on Transgender Youth | A directive denying health care for transgender youth puts agencies at odds with evidence-based medicine.
February 8, 2022 | Criminalizing Pregnancy Loss | Laws that impose criminal penalties for pregnancy loss regulate the conduct of pregnant people.
October 18, 2021 | Playing the Long Game Against Flood Risk | Federal regulators must strengthen flood risk disclosure and create policies to confront climate change.
September 9, 2021 | Essentially Snake Oil | The structure of some essential oils companies makes it harder for federal agencies to restrain false claims.
May 31, 2021 | Dollar Signs in Uniform | For-profit colleges target U.S. veterans as a source of federal funds.
March 3, 2021 | Can Public Banking Save the Postal Service? | Policymakers say that postal banking could offer financial support to underserved people while saving an American institution.
November 18, 2020 | Are Confederate Monuments Set in Stone? | Historic preservation laws can hinder the removal of Confederate statues.
Jamison Chung, Senior Editor
April 20, 2022 | Help International Medical Graduates Help Us | In the United States, immigration and administrative barriers hinder a valuable supply of health care workers.
April 7, 2022 | The (Un)Regulation of Tattoo Ink | FDA should increase its regulatory oversight of tattoo ink safety.
October 18, 2021 | How Will Health Care Regulators Address Artificial Intelligence? | Policymakers around the world are developing guidelines for use of artificial intelligence in health care.
July 8, 2021 | Why Historic Landmarks Need Protection from Climate Change | Scholar argues that historic landmark preservation law must address the impact of climate change.
December 23, 2020 | How Federalism Has Harmed Public Health | Scholars argue that federalism has hindered the U.S. response to the COVID-19 pandemic.
Brinna Ludwig, Senior Editor
April 28, 2022 | Who is Your Health Insurer? | More employers self-fund health insurance plans, bypassing state regulation and potentially increasing costs.
March 31, 2022 | CMS Confronts an Increase in Medicare Part B Premiums | CMS reconsiders a recent Medicare premium increase after restricting coverage for a controversial new drug.
October 19, 2021 | Pennsylvania Lawmakers Restrict Access to Fentanyl Test Strips | Pennsylvania law prevents people who use drugs from testing for fentanyl and avoiding overdoses.
June 10, 2021 | Barriers to Maternal Health in Rural Areas | State policies create and exacerbate barriers to access rural health care.
February 18, 2021 | Colleges Confronting COVID-19 | Higher education faces unique challenges in preventing and responding to the pandemic.
November 24, 2020 | Turning the Senate Blue and the Cabinet Red | President-Elect Joe Biden can flip the Senate by sacrificing his Cabinet.
Katherine McKeen, Senior Editor
May 5, 2022 | The Inequalities of California’s Environmental Quality Act | Litigation over a state environmental law highlights both potential abuses and opportunities for reform.
March 30, 2022 | Curbing the Pandemic of Cyber Sexual Abuse | Fueled by the pandemic, the nonconsensual distribution of sexual images requires federal regulatory solutions.
March 1, 2022 | Religious Freedom on Death Row | A recent U.S. Supreme Court case highlights death row inmates’ contested religious rights at executions.
November 30, 2021 | The Explosive Problem of Killer Dust | Despite ongoing fatalities, OSHA has no specific regulations in place for combustible dust hazards.
October 13, 2021 | Cracking the Egg Donation Market | The booming U.S. egg donation industry requires more regulation to safeguard donor welfare.
September 22, 2021 | An Actual War on Climate Change? | Scholar asserts that the U.S. executive branch can regulate climate change as a national security threat.
August 5, 2021 | Regulating Tribal Waters Without Attacking Tribal Sovereignty | Scholar argues that the Clean Water Act can protect water resources and tribal jurisdiction.
June 15, 2021 | Bringing Diversity to Californian Boardrooms | Two recent state laws seek to place more members of underrepresented groups on public company boards.
April 15, 2021 | A Modern Antitrust Law for Tech Tycoons | Proposed legislation could update antitrust legal standards and the U.S. government’s enforcement capacity.
February 17, 2021 | Community Land Trusts Get a California Makeover | California laws may help community land trusts tackle a housing crisis and other issues.
February 2, 2021 | When Courts Play God, Whose Religion Matters? | A religious freedom law invoked by conservative groups may also protect progressive causes.
January 19, 2021 | Battling Refrigerators in the War on Climate Change | A new U.S. government funding bill ushers in two initiatives to reduce greenhouse gas emissions.
January 7, 2021 | Is the Roadless Rule Exemption a Highway to Environmental Hell? | Despite protests, the U.S. government has opened the largest forest in North America to industrial activity.
December 9, 2020 | Are Vegan “Butter” and “Meat” Labels Protected as Free Speech? | U.S. courts seem to recognize plant-based companies’ constitutional right to use meat and dairy advertising terms.
October 31, 2020 | Zombie Laws Haunt the Energy Market | Scholar argues that energy regulations that once protected consumers now block renewable energy companies.
Alana Sheppard, Senior Editor
May 9, 2022 | Protecting Abortion Post-Roe | Scholars offer suggestions for protecting abortion rights if the Supreme Court overturns Roe v. Wade.
March 3, 2022 | The Precedent for Noncitizen Voting | New York City’s move to allow noncitizens to vote in local elections is not unprecedented.
November 24, 2021 | Value-Pricing Prescription Drugs | Scholar argues that reducing pricing for prescription drugs may increase innovation.
August 17, 2021 | Zoning Changes to Create Affordable Housing | Scholars argue for “upzoning” to build more multi-family homes on land near transit stations.
July 7, 2021 | A Case for Mandatory Voting | Scholars argue that civic duty voting could revive American democracy.
February 4, 2021 | In Air and Unmasked | CDC orders masks on domestic flights after airlines’ self-enforced mask mandates do not yield compliance.
Madeline Verniero, Senior Editor
May 12, 2022 | Solving the Problem of Prison Gerrymandering | The U.S. Census Bureau should count incarcerated people where they are from—not where they are incarcerated.
October 19, 2021 | Recentering Worker Welfare in the Breakup Debates | Scholar shows how current antitrust remedies fail to consider effects on workers.
October 5, 2021 | The Truth About Toxic Prisons | Scholar argues that many U.S. prisons are built on hazardous waste sites and lack oversight.
September 6, 2021 | The Magnification of Arrest Information | Scholar shows that regulatory bodies use arrests as informational proxies—but that this use has its costs.
August 10, 2021 | The Wild West of Fertility Clinics | Legal experts argue that the fertility industry is largely unregulated and poses risks to patients.
June 3, 2021 | Regulatory Control of Potentially Addictive Drugs | Scholar explains why the DEA—not FDA—has power over the classification of potentially addictive substances.
January 13, 2021 | The Paranormal Nature of Ghost Kitchens | Online-only cooking warehouses are on the rise—but they may evade traditional food safety regulations.
