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.
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”
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
The Supreme Court rigidly limits governments to simplistic, outdated solutions to firearm violence.
Regulation Must Become Agile to Remain Relevant
By applying principles from software development, regulators can improve regulatory performance in a fast-changing world.