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
Agencies can improve their adjudicatory processes by broadening access to their electronic case management systems.
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 can help agencies review and improve their existing regulations.
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”
Regulators should adopt alternative approaches to valuing avoided mortality in regulatory analysis.
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
The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review.
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
Proposed greenhouse gas emission limits rely on a legal pathway preserved by last year’s Supreme Court decision.
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’s draft Circular A-4 in places provides vague guidance that lets ideology—not evidence—drive regulatory design.