Analysis

Moving Forward to Improve Regulation

Moving Forward to Improve Regulation

A recent OECD Regulatory Policy Outlook sketches the present and future of OECD countries’ regulatory policy practices.

Smarter Regulation for the “Optimizing Economy”

Smarter Regulation for the “Optimizing Economy”

An economy increasingly based on algorithms will need a more sophisticated government, too.

Regulating Unicorns

Regulating Unicorns

Legal scholar argues that the largest private startups should be required to disclose more information.

For Law Enforcement, Super Bowl Security Took Center Stage

For Law Enforcement, Super Bowl Security Took Center Stage

Federal, state, and local agencies aimed to safeguard major sporting event in the wake of terrorist attacks.

Reforming Medical Device Regulation

Reforming Medical Device Regulation

Researchers argue for reducing FDA involvement in medical device regulation.

The Tremor, Quake, and Aftershock of EU Privacy Norms

The Tremor, Quake, and Aftershock of EU Privacy Norms

Could the European Union’s privacy standard become the global norm?

Conventions as Constraints on Executive Discretion

Conventions as Constraints on Executive Discretion

Adrian Vermeule’s closing remarks highlight the role of conventions in limiting the exercise of executive power.

Enhancing Democracy With Presidential Signing Statements

Enhancing Democracy With Presidential Signing Statements

Christopher Yoo argues in defense of the use of presidential signing statements.

Using the APA to Constrain Presidential Inaction

Using the APA to Constrain Presidential Inaction

Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.

Who Decides?

Who Decides?

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Does Anyone Know What the “Take Care Clause” Means?

Does Anyone Know What the “Take Care Clause” Means?

Courts have used the take care clause in multiple, and sometimes conflicting, ways.

The Role of Faithful Execution in U.S. Immigration Policy

The Role of Faithful Execution in U.S. Immigration Policy

Patricia Bellia explores legality of deferred action program under the faithful execution clause.