All Essays

Finality and the Virtues of Jurisdictional Declarations

Finality and the Virtues of Jurisdictional Declarations

The Supreme Court sheds light on the finality of Army Corps of Engineers’ jurisdictional determinations.

Still Seeking Contraceptive Compromise After Zubik v. Burwell

Still Seeking Contraceptive Compromise After Zubik v. Burwell

Zubik v. Burwell highlights thorny issues surrounding Obamacare’s contraceptive coverage requirement.

The Supreme Court’s 2015–2016 Regulatory Term

The Supreme Court’s 2015–2016 Regulatory Term

The Regulatory Review highlights the regulatory decisions from the Supreme Court’s past term.

Week in Review

Week in Review

The D.C. Circuit holds that FOIA applies to the private email accounts of federal officials, the Senate passes legislation that would limit GMO labeling, and more…

A Resource List on Regulatory Capture and Reform

A Resource List on Regulatory Capture and Reform

Learn about the history of regulatory capture, its effect on public policy, and remedies for addressing corruption.

When the Rule-Makers Are Captured

When the Rule-Makers Are Captured

According to experts on a recent panel, identifying, measuring, and tackling capture should be a top priority for government.

The Elusiveness of Regulatory Capture

The Elusiveness of Regulatory Capture

Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors.

Exploring Regulatory Capture’s Unanswered Questions

Exploring Regulatory Capture’s Unanswered Questions

Rent-seeking and profit-seeking behavior provide valuable insights into the concept of regulatory capture.

Week in Review

Week in Review

The Supreme Court strikes down a Texas abortion law, domestic assault can be grounds for a gun ownership ban, and more…

Regulatory Capture, Ancient and Modern

Regulatory Capture, Ancient and Modern

Regulatory capture’s antecedents in political thought—which date back to ancient Greece—inform the modern concept.

Regulatory Capture in Enforcement

Regulatory Capture in Enforcement

Enforcement decisions are oft-overlooked, yet such decisions merit heightened scrutiny if regulatory capture is to be reined in.

Old and New Capture

Old and New Capture

These two forms of regulatory capture require different solutions.