All Essays

Week in Review

Week in Review

Administration accommodates religious groups, Treasury announces delay of employer mandates, and more.

Will Proposed Federal Rule Effectively Relax Stricter State Bans on Shark Finning?

Will Proposed Federal Rule Effectively Relax Stricter State Bans on Shark Finning?

Marine agency’s proposed rule may preempt more protective state and territorial laws.

What Should the New OIRA Administrator Do?

What Should the New OIRA Administrator Do?

Now that Howard Shelanski is confirmed, he faces choices about his priorities.

Regulating by Reference

Regulating by Reference

The Regulatory Review features an examination of “incorporation by reference” by legal experts on regulation and administrative law.

Collaboration is the Key to Making the Law Free

Collaboration is the Key to Making the Law Free

Incorporation by reference should be structured to ensure both access and efficiency.

We Need Full Public Access to the Law

We Need Full Public Access to the Law

Federal agencies must guarantee that all regulatory provisions are fully, publicly available.

Week in Review

Week in Review

Obama releases climate change plan, Supreme Court finds DOMA unconstitutional, and more…

Do Lower Speed Limits Cost Society Less?

Do Lower Speed Limits Cost Society Less?

Study finds lower speed limits reduce fatal accidents and pollution levels.

Debate over OIRA’s Virtues and Vices Continues

Debate over OIRA’s Virtues and Vices Continues

Cass Sunstein and Lisa Heinzerling debate what really happens in OIRA.

Defining Government Failure

Defining Government Failure

Ideological presumptions should not obscure key elements of “government failure.”

Tax Administration and the “Force of Law”

Tax Administration and the “Force of Law”

Current tax administration reveals agencies’ muddled application of “force of law” determinations.

Week in Review

Week in Review

Supreme Court allows FTC continue suit, SEC may seek admissions of guilt, and more…