The Regulatory Review highlights our most-read essays from 2024 submitted by regulatory scholars, lawyers, and analysts.
The Regulatory Review is pleased to revisit our top regulatory essays of 2024, each authored by one or more of the many expert contributors whose ideas we are pleased to publish. These pieces—selected for this list based on the number of page views during the past 12 months—are arranged below in alphabetical order by last name of author.
Lowering the Bar for Employees with Title VII Discrimination Claims
July 16, 2024 | Alia Al-Khatib, University of Pennsylvania Carey Law School
Employees need not show “significant” harm to sustain discrimination claims.
A Fresh Look at the President’s Procurement Power
October 14, 2024 | Jordan Ascher, Governing for Impact
Despite recent skepticism, the President’s broad authority over federal contractors will remain.
The Court Reaffirms that Agencies Cannot Rewrite Laws
July 24, 2024 | Bob Barr, National Rifle Association
New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.
The End of the Chevron Era
August 5, 2024 | Thomas A. Berry, Cato Institute
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
High Minimum Fines in China Undermine Administrative Discretion
September 30, 2024 | Wang Bin, Peking University Law School
China’s minimum fines foster uniform penalties across infractions and prevent leniency for minor violations.
The Virginia Model for Regulatory Modernization
November 18, 2024 | Reeve T. Bull, Virginia Office of Regulatory Management
Virginia can serve as a model for other states looking to reform and modernize their regulatory regimes.
A Roadmap to Reimbursement for Psychedelics
April 16, 2024 | Molly Candon, University of Pennsylvania Center for Mental Health
Insurance reimbursement for psychedelic therapy is integral to treatment accessibility.
A Legal Earthquake
August 8, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.
A Right to a Better Decision
June 3, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
Public preferences for human decisions may give way in time to calls for governmental decisions made by artificial intelligence.
How to Regulate Artificial Intelligence
January 15, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
Management-based regulation is needed due to artificial intelligence’s extreme heterogeneity.
The New Rent Seekers in Public Utility Regulation
October 3, 2024 | Kenneth W. Costello, Regulatory Economist and Independent Consultant
Addressing social problems through utility regulation may lead to inefficiency and unfairness.
Raising Questions About a Carbon Tax
February 7, 2024 | Kenneth W. Costello, Regulatory Economist and Independent Consultant
Policymakers should more carefully consider the challenges to implementing a carbon tax.
What Do U.S. Courts Say About the Use of AI?
April 1, 2024 | Giulia G. Cusenza, University of Udine in Italy
An analysis of state and federal court decisions uncovers standards to guide governmental use of artificial intelligence.
An Elephant Giving Birth to a Mouse
July 22, 2024 | Daniel A. Farber, University of California, Berkeley
The Court stayed the “good neighbor” provision of the Clean Air Act in Ohio v. Environmental Protection Agency.
Supreme Court Allows Cities to Punish Homelessness
July 31, 2024 | Brian R. Frazelle, Constitutional Accountability Center
A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.
The Antitrust Guarantee
September 23, 2024 | Kevin T. Frazier, St. Thomas University Benjamin L. Crump College of Law
The Guarantee Clause is an untapped means of protecting Americans from anti-republican corporate behavior.
Textual Tensions in the Vesting Thesis
October 21, 2024 | David B. Froomkin, University of Houston Law Center
The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.
Participation of Senate-Confirmed Officials in Administrative Adjudication
November 12, 2024 | Matthew A. Gluth and Jeremy Graboyes, Administrative Conference of the United States, and Jennifer L. Selin, Arizona State University Sandra Day O’Connor College of Law
A new report to ACUS makes recommendations for how Senate-confirmed officials should participate in adjudication.
SEC Adjudication of Securities Fraud Held Unconstitutional
July 30, 2024 | John M. Golden, The University of Texas at Austin School of Law
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
The Administrative State in a Project 2025 World
December 2, 2024 | James Goodwin, Center for Progressive Reform
President Trump’s Project 2025 vision requires progressives to provide an equally compelling alternative.
What the Starbucks Decision Means for the NLRB
August 1, 2024 | Michael Z. Green, Texas A&M University School of Law
An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.
Identifying and Reducing Burdens in Administrative Processes
July 1, 2024 | Pamela Herd and Donald Moynihan, McCourt School of Public Policy at Georgetown University, and Amy Widman, Rutgers Law School
Scholars propose strategies to lower the procedural hurdles of obtaining benefits.
Drilling Down on Loper Bright and Health Care Regulation
November 4, 2024 | Allison K. Hoffman, Lauren Hallice, Noah Stein, and Rachael Totz, University of Pennsylvania Carey Law School
The Loper Bright decision leaves hundreds of pivotal health care regulations subject to litigation.
Making Workplaces Safer Through Machine Learning
February 26, 2024 | Matthew S. Johnson, Duke University Sanford School of Public Policy, David I. Levine, University of California, Berkeley Haas School of Business, and Michael W. Toffel, Harvard Business School
OSHA should use machine learning to improve the effectiveness of its regulatory inspections.
Congressional Constituent Service Inquiries
November 14, 2024 | Sean J. Kealy, Boston University School of Law
Scholar recommends improvements to agencies’ management of congressional requests on behalf of constituents.
User Fees Imposed by Federal Agencies
July 3, 2024 | Erika Lietzan, University of Missouri School of Law
ACUS recommends transparency and oversight be provided whenever agencies collect user fees.
Regulating Agricultural Water Quality
August 26, 2024 | Timothy D. Lytton, Georgia State University College of Law
Contaminated agricultural water is a well-known root cause of foodborne illness that regulators have struggled to address.
Choosing the Court to Review Agency Rulemaking
November 11, 2024 | Joseph Mead, Georgetown University Law Center
ACUS’s recommendation on judicial review of federal regulations provides much-needed clarity.
Supreme Court Needlessly Expands U.S. Statute of Limitations
July 30, 2024 | Alan B. Morrison, George Washington University Law School
In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.
Supreme Court Should Not Review Phony Separation of Powers Case
August 19, 2024 | Alan B. Morrison, George Washington University Law School
The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.
Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit
July 30, 2024 | Susan C. Morse, The University of Texas at Austin School of Law
The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.
It Is High Time the U.K. Changes Psychedelics Laws
April 22, 2024 | Joanna Neill, University of Manchester in England.
The government should lower regulatory hurdles impeding psilocybin assisted psychotherapy research.
Open Data, Closed Doors?
October 7, 2024 | Ekene Onwubiko, Weill Cornell Medicine.
Better regulation can eliminate high-cost barriers to the integration of electronic health records.
The Supreme Court as Enabler in Chief
July 8, 2024 | Eric W. Orts, The Wharton School, University of Pennsylvania
The Supreme Court’s recent decision on presidential immunity threatens the survival of the American Republic.
A New Era of Psychedelic Medicine in Australia
April 23, 2024 | Daniel Perkins, University of Melbourne in Australia.
Australia implements a new framework for regulating the medicinal use of psychedelic substances such as MDMA and psilocybin.
The Important Case that Most People Know Nothing About
December 9, 2024 | Richard J. Pierce, Jr., The George Washington University Law School
United States v. Eaton serves as the constitutional basis for thousands of executive branch decisions.
Two Neglected Effects of Loper Bright
July 1, 2024 | Richard J. Pierce, Jr., The George Washington University Law School
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.
Promoting Consistency and Transparency in Individualized Guidance
November 13, 2024 | Shalini Bhargava Ray, The University of Alabama School of Law
New research highlights the unique challenges agencies face when providing individual regulatory guidance.
Managing Regulatory Review in the Biden Administration
November 25, 2025 | Richard L. Revesz, Office of Information and Regulatory Affairs, Office of Management and Budget
At the 2024 PPR Distinguished Lecture on Regulation, Administrator Revesz highlighted the Biden Administration’s regulatory reform efforts.
Revealing the Submerged Administrative State
September 3, 2024 | Gabriel Scheffler, University of Miami School of Law, and Daniel E. Walters, Texas A&M University School of Law
The hidden nature of the administrative state contributes to misperceptions of important government policies.
The Importance of Removal Restrictions in a Schedule F World
June 10, 2024 | Jennifer L. Selin and Paul R. Verkuil, Administrative Conference of the United States
A second Trump presidency would threaten employment protections crucial to ensuring that governmental decisions are based on independent expert advice.
The King (Presumptively) May Do No Wrong
July 8, 2024 | Peter Shane, New York University School of Law
In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.
The Imperial Supreme Court
August 7, 2024 | Kate Shaw, University of Pennsylvania Carey Law School
Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.
Are Psychedelics Safe Enough for Recreational Use?
April 17, 2024 | Joshua Siegel, Washington University School of Medicine in St. Louis.
Policymakers should account for the relatively low risks of psychedelics use when deciding how to regulate them.
Is AI-Facilitated Gender-Based Violence the Next Pandemic?
May 6, 2024 | Rangita de Silva de Alwis, University of Pennsylvania Carey Law School, and Elodie Vialle, PEN America
The rise of deep fakes and other AI-generated misinformation presents a direct threat to women’s freedom.
The U.N.’s Women Peace and Security Agenda After Twenty-Five Years
August 12, 2024 | Rangita de Silva de Alwis, University of Pennsylvania Carey Law School
Future peace-building efforts should reflect evolving technology and its impact on women.
Ideological Logrolling and Energy Permitting Reform
August 22, 2024 | David Spence, The University of Texas at Austin School of Law
Partisanship presents a threat to and a possible solution for streamlining energy infrastructure development.
After Cargill, ATF’s Legal Woes Are Likely to Continue
July 24, 2024 | Amy Swearer, The Heritage Foundation
A recent Supreme Court decision affects ATF’s efforts to redefine gun regulations.
The Case for Taxing Luxury Emissions
October 28, 2024 | Clint Wallace, University of South Carolina Rice School of Law, and Shelley Welton, University of Pennsylvania Carey Law School
Taxing luxury emissions can reduce inequality and combat climate change.
What Is Left of Agency Adjudication After Jarkesy?
July 29, 2024 | Matthew Lee Wiener, University of Pennsylvania Carey Law School
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
This essay is part of a series, entitled “The 2024 Regulatory Year in Review.”
