All Essays

Partisanship Drives State Agencies’ Resistance to Federal Regulation

Partisanship Drives State Agencies’ Resistance to Federal Regulation

Data show that geography and party affiliation predict state agencies’ pushback against federal policies.

Week in Review

Week in Review

Texas and other states ask court to declare DACA “unlawful,” seventeen states and the District of Columbia sue EPA over fuel efficiency standards repeal, and more…

Advancing Regulatory Policy to Improve the Lives of the American People

Advancing Regulatory Policy to Improve the Lives of the American People

Improving regulatory performance is vital for making Americans better off.

Regulatory Impact Assessment in the Age of Partisan Volatility

Regulatory Impact Assessment in the Age of Partisan Volatility

Policy oscillation creates serious problems that may require government scrutiny.

Headless Agency Adjudication at the Patent Office

Headless Agency Adjudication at the Patent Office

Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.

Addressing Uncertain Forgone Benefits of Deregulatory Actions

Addressing Uncertain Forgone Benefits of Deregulatory Actions

Interested stakeholders may have a role in quantifying deregulatory impacts for agencies.

It’s Time to Think Strategically About Retrospective Benefit-Cost Analysis

It’s Time to Think Strategically About Retrospective Benefit-Cost Analysis

Retrospective regulatory review should concentrate not only on reducing costs but also on creating benefits, like improving societal well-being.

The Travel Ban in Court

The Travel Ban in Court

The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.

Week in Review

Week in Review

Senate confirms Pompeo as Secretary of State, Court rules Transportation Department cannot delay fuel efficiency rule, and more…

Uber and the Future of Regulation

Uber and the Future of Regulation

Regulators need a new system for responding to evolving market forces.

Regulatory Analysis Under the Trump Administration

Regulatory Analysis Under the Trump Administration

Deregulatory executive orders require a new approach to analyzing regulatory impact.

Benefit-Cost Analysis Should Promote Rational Decisionmaking

Benefit-Cost Analysis Should Promote Rational Decisionmaking

Recent executive orders undermine the longstanding belief in benefit-cost analysis.