Opinion

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.

But Forbearance Can Be Agile, Too

But Forbearance Can Be Agile, Too

“Move fast and break things” is not always the best, or even most agile, approach to governance.

Building Agile Regulatory “Muscles”

Building Agile Regulatory “Muscles”

A robust institutional capacity and a supportive legislative framework are needed to ensure agile regulation succeeds.

One Year On, Bruen Really Is As Bad As It Reads

One Year On, Bruen Really Is As Bad As It Reads

The Supreme Court rigidly limits governments to simplistic, outdated solutions to firearm violence.

Regulation Must Become Agile to Remain Relevant

Regulation Must Become Agile to Remain Relevant

By applying principles from software development, regulators can improve regulatory performance in a fast-changing world.