All Essays

Week in Review

Week in Review

The Supreme Court agrees to rule on a challenge to the Chevron doctrine, the Biden Administration ends the federal vaccine mandate, and more…

ERISA’s Power to Protect Abortion

ERISA’s Power to Protect Abortion

Scholar argues that ERISA limits states’ ability to restrict abortion access.

Solving the Pedestrian Safety Crisis

Solving the Pedestrian Safety Crisis

Scholar explains how NHTSA can regulate to ensure pedestrian safety.

Analyzing Regulatory Diffusion

Analyzing Regulatory Diffusion

Scholars find that reuse of regulatory language has increased over the past 20 years.

Agile Regulation and the Future of Governance

Agile Regulation and the Future of Governance

Penn Program on Regulation hosts panel discussion on governing a fast-changing world.

Coining a Regulatory Framework for Digital Assets

Coining a Regulatory Framework for Digital Assets

Scholars evaluate efforts to regulate cryptocurrencies, NFTs, and other digital assets.

Week in Review

Week in Review

The Supreme Court temporarily blocks medication abortion ruling, Missouri limits care for transgender adults, and more…

Fiduciary Governance for 401(k)s

Fiduciary Governance for 401(k)s

Retirement policy must evolve to account for participant preferences.

ERISA Plan Fiduciaries and ESG Factors

ERISA Plan Fiduciaries and ESG Factors

ERISA plan fiduciaries must be permitted to consider ESG factors when selecting plan investments.

Changes and Challenges to ESG Investing

Changes and Challenges to ESG Investing

The Labor Department’s new rule sets forth a principles-based approach to regulating ESG investing.

On Anti-ESG Resolution, Biden Issues First Veto

On Anti-ESG Resolution, Biden Issues First Veto

The President’s veto keeps in place a retirement investment rule allowing fiduciaries to consider ESG factors.

Investing for Values, Value, or Both?

Investing for Values, Value, or Both?

Fiduciaries should account for participant preferences in designing ESG-friendly 401(k) retirement plans.