Opinion

Regulatory Discretion Fosters Clean Tech

Regulatory Discretion Fosters Clean Tech

Increased regulatory discretion can improve outcomes for entrepreneurs and enhance the impact of stakeholder activists.

Online Processes in Agency Adjudication

Online Processes in Agency Adjudication

Agencies can improve their adjudicatory processes by broadening access to their electronic case management systems.

Improving Virtual Public Engagement

Improving Virtual Public Engagement

A new series of recommendations from ACUS will help agencies improve their use of virtual engagement in rulemakings.

Artificial Intelligence for Retrospective Regulatory Review

Artificial Intelligence for Retrospective Regulatory Review

Artificial intelligence can help agencies review and improve their existing regulations.

Affirmatively Disclosing Agency Legal Materials

Affirmatively Disclosing Agency Legal Materials

ACUS takes an important step forward toward improving agency disclosure of legal materials.

Modernizing the “Value of a Statistical Life”

Modernizing the “Value of a Statistical Life”

Regulators should adopt alternative approaches to valuing avoided mortality in regulatory analysis.

AI, Due Process, and Trade Secrets

AI, Due Process, and Trade Secrets

A recent court decision about pencils may turn out to help protect rights in an era of artificial intelligence.

Premerger Notification Proposal Faces a Rocky Path

Premerger Notification Proposal Faces a Rocky Path

The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review.

Are Most Federal Statutes Unconstitutional?

Are Most Federal Statutes Unconstitutional?

Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine.

EPA’s New Power Plant Rule Fits Within Court-Upheld Authority

EPA’s New Power Plant Rule Fits Within Court-Upheld Authority

Proposed greenhouse gas emission limits rely on a legal pathway preserved by last year’s Supreme Court decision.

Trauma-Informed Regulation

Trauma-Informed Regulation

A trauma-informed approach to regulation should seek to minimize the stress and trauma of regulatory investigations.

OMB Should Promote Evidence-Based Regulatory Design

OMB Should Promote Evidence-Based Regulatory Design

OMB’s draft Circular A-4 in places provides vague guidance that lets ideology—not evidence—drive regulatory design.