All Essays

Should We Run Agencies More Like Businesses?

Should We Run Agencies More Like Businesses?

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

Do Not Forget to Wear a Hat

Do Not Forget to Wear a Hat

EPA provides advice instead of regulation in the new nanny state.

Week in Review

Week in Review

D.C. Circuit rejects FERC’s approval of three pipelines, EEOC must reconsider a regulation allowing employers to fine employees not participating in wellness programs, and more…

Can States Convince People to Recycle?

Can States Convince People to Recycle?

Research suggests recycling laws may turn people into “committed” recyclers.

How Global Anti-Corruption Enforcement Grew

How Global Anti-Corruption Enforcement Grew

Scholars argue changing global attitudes and U.S. legal culture have impacted white-collar prosecutions.

The Case for Regulating After Harms Occur

The Case for Regulating After Harms Occur

Scholar argues that society is best off when regulators punish violations after the fact.

The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking

The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking

Administrative agencies should not be required to use a process that has been obsolete for decades.

Week in Review

Week in Review

Trump issues Executive Order repealing Obama-era floodplain regulation, D.C. Circuit concludes DOE followed NEPA regulations, and more…

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

President Trump’s transgender ban for the military is misguided and potentially illegal.

The FTC and Net Neutrality’s Plan B

The FTC and Net Neutrality’s Plan B

Would the FTC be an effective body for regulating Internet openness?

The Case for Regulating Before Harms Occur

The Case for Regulating Before Harms Occur

Scholar argues that regulators should try to impose penalties before rule violations can hurt society.

Why Cabinet Secretaries Should Not Threaten Members of Congress

Why Cabinet Secretaries Should Not Threaten Members of Congress

Basic principles of American government limit the political role of administrative agencies in legislative debates.