Trump’s Regulatory Budgeting Experiment Has Categorically Failed
The Trump Administration’s 1-in-2-out policy is more of an ineffective symbol than an action toward deregulation.
The Value of a Statistical Life is Not Efficient
Over-reliance on the VSL measure often leads to excessive consideration and regulation of risk.
Efficient Risk Regulations Do Not Increase Risks
As a practical matter, the VSL is successful in balancing the benefits and costs of regulation.
Putting the Horse Before the Cart in Cost-Benefit Analysis
Regulators must measure welfare using transparent methods before determining the policies themselves.
The Long-Term Value of the Value of a Statistical Life
The VSL is necessarily based on market preferences that accurately reflect society’s valuation of risks and benefits.
The Myopic Short-Termism of the Value of a Statistical Life
The primary drawback of the VSL is that it fails to account for future generations’ valuation of benefits and costs.
Failing to Think Properly About the Value of a Statistical Life
Using the VSL to measure benefits promotes the interests of individuals who are affected by regulation.
Regulatory Rollbacks Have Changed the Nature of Presidential Power
Strategies used by the Trump Administration will serve as a blueprint for future Presidents.
Punishing the Innocent
Congress should not sabotage regulatory authorizations with sunset provisions.
Delegation, Time, and Congressional Capacity
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
Regulate Non-Competes by Administrative Adjudication
The FTC should use adjudications to establish policy on employment non-compete clauses.