Contractors in Rulemaking
Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.
Agency General Counsels, Beware
Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”
Improving International Regulatory Cooperation
New OECD recommendation seeks to improve regulatory cooperation across countries.
Redesigning Automated Legal Guidance
Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.
A Judicial Threat to Conservation
The recent nullification of environmental regulations by a federal court sets a dangerous precedent.
A Voluntary Coda
Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.
Private Standards and the Benzene Case
A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.
Incorporated Standards in a Federal System
When state and local officials incorporate voluntary codes and standards, they still need to watch out for federal preemption.
Introducing Incorporation by Reference
Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.
Teaching Standard Essential Patents
In-depth course module opens the door for law students to the increasingly vital world of voluntary standards.
Law’s Interaction with Voluntary Codes and Standards
Voluntary codes and standards affect many important aspects of the law and the legal system.
Why the SEC is Wrong About Implied Preclusion
Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.