All Essays

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.

Regulating Within a Budget

Regulating Within a Budget

The Trump Administration’s regulatory budget constraint may help improve agency benefit-cost analyses.

New Developments in Regulatory Benefit-Cost Analysis

New Developments in Regulatory Benefit-Cost Analysis

Scholars and industry representatives highlight takeaways from conference on new regulatory developments.

Week in Review

Week in Review

The Senate uses the Congressional Review Act to strike CFPB lending guidance, Facebook releases new privacy settings for users in certain countries, and more…

Could You Lose Your Voter Registration for Not Voting?

Could You Lose Your Voter Registration for Not Voting?

The Supreme Court will decide if Ohio can automatically remove inactive voters from its registry.