The Regulatory Review highlights the top essays written by our staff in 2023.
The Regulatory Review is pleased to highlight the top essays from 2023 authored by our staff. These essays, selected based on the number of page views, are arranged below in alphabetical order by last name of author.
U.S. Supply Chain Regulations Seek to Improve Resilience
March 16, 2023 | Ayo Aladesanmi
New regulations seek to restructure global supply chains to value long-term resilience over industrial efficiency.
Regulators Propose Updates to Community Reinvestment Act Rules
April 11, 2023 | Ayo Aladesanmi
Financial regulators propose new rules to expand and modernize law that targets inequities in bank lending.
Agile Regulation and the Future of Governance
May 1, 2023 | Ayo Aladesanmi
Penn Program on Regulation hosts panel discussion on governing a fast-changing world.
Banking on an Antitrust Revival
February 16, 2023 | Bijan Avaz
Scholar argues that antitrust regulators should more closely scrutinize bank mergers.
Recentering the Federal Reserve’s Removal Power
March 20, 2023 | Bijan Avaz
Scholars advocate the greater exercise of the Fed’s unique removal power.
EPA Finds Evidence of Racial Discrimination in Cancer Alley
March 21, 2023 | Madeline Bruning
Black Louisiana residents have been disproportionately burdened by hazardous industrial air pollutants.
Confronting the Public Health Threat of Septic Tanks
May 17, 2023 | Madeline Bruning
As climate change amplifies the risks of septic tanks, lawmakers must act to protect their communities.
ERISA’s Power to Protect Abortion
May 4, 2023 | Katelynn Catalano
Scholar argues that ERISA limits states’ ability to restrict abortion access.
CFPB Targets Illegal Junk Fees
March 8, 2023 | CeCe Coffey
New CFPB guidance puts banks on notice that unfair business practices may be met with enforcement action.
Is the Artificial Intelligence Act Trustworthy?
May 23, 2023 | Janaina Rodrigues Valle Gomes
Scholars argue that the European Union’s proposed legislation will be inadequate to develop trust in AI.
Equitable Artificial Intelligence
August 8, 2023 | Janaina Rodrigues Valle Gomes
Experts recommend a two-pronged approach to help ensure artificial intelligence systems achieve equity.
Protecting Children’s Data in the Digital Age
September 19, 2023 | Caroline Hackley
Legislators struggle to regulate children’s data online.
Taking a Second Look at Immigration Appeals
March 15, 2023 | Victoria Hawekotte
Scholar argues that the way immigration case appeals are handled may need an overhaul.
Should USDA Regulate Lab-Grown Meat?
May 18, 2023 | Victoria Hawekotte
Scholar argues that FDA should be the sole regulator of cell-cultured meat.
Grid Governance Reform for a Clean Energy Transition
September 6, 2023 | Claire Hill
Scholars urge RTOs to adopt more pluralist governance model.
Does the Constitution Protect the Right to Discriminate?
June 15, 2023 | Bryn Hines
Civil rights attorney argues that recent Supreme Court religious liberty cases jeopardize antidiscrimination laws.
Business Intimidation in the Rulemaking Process
September 26, 2023 | Soojin Jeong
Scholars reveal how businesses lobbying can intimidate agencies and influence rulemaking.
A New Balance Between Health Care Privacy and Artificial Intelligence
Jun 1, 2023 | Joe Katz
A scholar highlights problematic ways that artificial intelligence and health privacy interact.
Social Media Deplatforming
August 30, 2023 | Liam Kerr
Scholar brings a historical perspective to the debate around social media deplatforming.
The Consequences of a Subminimum Wage
January 3, 2023 | Trevor Kirby
Debate ensues over the consequences of eliminating an exemption to the federal minimum wage for tipped employees.
CFPB Proposes Public Registry of Nonbank Offenders
January 25, 2023 | Trevor Kirby
The CFPB has proposed the creation of a public registry to monitor agency and court orders against nonbank financial firms.
Rescuing Nuclear Reactors to Achieve Net-Zero Future
February 1, 2023 | Trevor Kirby
Biden Administration looks to U.S. fleet of nuclear reactors as a vital source to achieve energy goals.
Illuminating Discrimination Against Small Businesses
January 25, 2023 | Andrew Kliewer
Proposed rule would target discrimination in small business lending by requiring disclosure of demographic data.
The Troubling Reality of Wilderness Therapy
July 5, 2023 | Anilya Krishnan
Scholars claim that unregulated wilderness therapy programs fail to protect the children participants.
New NCAA Rules Leave Foreign Student-Athletes Behind
March 2, 2023 | William McDonald
Scholars argue that foreign student-athletes must now choose between earning money and keeping their immigration status.
A New Regulatory Approach to Facial Recognition
June 8, 2023 | William McDonald
Scholar argues that right-of-publicity claims can protect individuals from facial recognition companies.
The Limits of Deplatforming
November 9, 2023 | William McDonald
Scholars warn of the potential difficulties of using deplatforming to curb disinformation online.
The Ticketing Industry Cannot Shake It Off
January 24, 2023 | Jillian Moss
The Taylor Swift Eras Tour ticket controversy prompts lawmaker action.
Back to the Future of U.S. Securities Regulation
February 14, 2023 | Mary Moynihan
Scholars analyze the history of Supreme Court securities law jurisprudence to predict what lies ahead.
Improving Public Engagement in the Regulatory Process
April 20, 2023 | Jackson Nichols
Biden Administration seeks feedback from the public on how to expand participation in the regulatory process.
The Green Clash Between Renewables and Conservation
May 24, 2023 | Jackson Nichols
Scholars argue that federal agencies can conserve land and still increase renewable energy output.
Chevron’s Watery Grave?
June 20, 2023 | Jackson Nichols
A fight over fishery regulations could spell trouble for Chevron deference.
Is It Time to Re-Fuel Airline Regulation?
July 17, 2023 | Jackson Nichols
A Penn Program on Regulation panel considers the merits of reforming U.S. aviation regulation.
New Technology Will Raise New Legal Questions
January 31, 2023 | Elizabeth Penava
Scholars worry that regulating new technologies will be more difficult after recent Supreme Court decisions.
Making Stablecoins More Stable
March 23, 2023 | Isaac Rice
Scholar emphasizes the need for regulatory safeguards for stablecoins.
Regulating Teacher Credentialing to Benefit English Learners
January 18, 2023 | Taylor Ross
Scholars argue that the decentralization of teacher credentialing negatively affects English learners.
Is Your Phone a Medical Device?
February 28, 2023 | Nabil Shaikh
Scholar argues that Congress and FDA should treat risky clinical artificial intelligence tools as medical devices.
Patient Versus Algorithm
July 4, 2023 | Nabil Shaikh
Scholars propose enabling patients to sue the makers and providers of discriminatory health care algorithms.
Putting a Stop to Corporate Political Spending
January 19, 2023 | Zoe Stern
Legal experts argue that corporate political spending harms both shareholders and management.
Retirement Plan Fiduciaries Can Now Consider ESG Factors
January 26, 2023 | Zoe Stern
The Labor Department issued a final rule allowing fiduciaries to consider ESG factors when deciding how to invest.
Expanding FDA Incentives to Boost Diversity in Clinical Trials
February 21, 2023 | Evelyn Tsisin
Exploring FDA’s toolkit for encouraging study sponsors to meet diversity goals.
FDA, Not a Federal Judge, Should Decide on Abortion Drugs
March 1, 2023 | Evelyn Tsisin
Anti-abortion advocates take aim at FDA approval and regulation of the abortion drug mifepristone, threatening access nationwide.
The Troubled Teen Industry’s Troubling Lack of Oversight
June 27, 2023 | Evelyn Tsisin
The federal government must step in to regulate an industry fraught with youth abuse.
Patching Up Medical Device Cybersecurity Regulation
September 21, 2023 | Evelyn Tsisin
Researchers explore the optimal cost-benefit considerations of medical device cybersecurity risks.
Intermediaries in the Drug-Price War
November 14, 2023 | Carson Turner
Experts debate the role of pharmacy benefit managers in rising U.S. drug prices.
On Anti-ESG Resolution, Biden Issues First Veto
April 24, 2023 | Alexandra Walsh
The President’s veto keeps in place a retirement investment rule allowing fiduciaries to consider ESG factors.
Rapid Responses to Major Questions
January 11, 2023 | Vinzent Will
Scholar proposes a new fast-track legislative procedure to affirm agency regulatory authority.
Regulating to Improve Methadone Access
April 12, 2023 | Vinzent Will
Scholars identify avenues to curb regulatory barriers to substitution therapy.
Stamping Out Counterfeit Postage
May 25, 2023 | Riann Winget
The U.S. Postal Service adopts final rule aimed at reducing postage fraud.
The Strange Bedfellows of Climate Change and Corporate Fraud
July 3, 2023 | Riann Winget
Scholar recommends implementing ESG standards to fight climate change and avoid criminal charges.
This page is part of a six-part series, entitled The 2023 Regulatory Year In Review.
