Opinion

Advancing Regulatory Policy to Improve the Lives of the American People

Advancing Regulatory Policy to Improve the Lives of the American People

Improving regulatory performance is vital for making Americans better off.

Regulatory Impact Assessment in the Age of Partisan Volatility

Regulatory Impact Assessment in the Age of Partisan Volatility

Policy oscillation creates serious problems that may require government scrutiny.

Headless Agency Adjudication at the Patent Office

Headless Agency Adjudication at the Patent Office

Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.

Addressing Uncertain Forgone Benefits of Deregulatory Actions

Addressing Uncertain Forgone Benefits of Deregulatory Actions

Interested stakeholders may have a role in quantifying deregulatory impacts for agencies.

It’s Time to Think Strategically About Retrospective Benefit-Cost Analysis

It’s Time to Think Strategically About Retrospective Benefit-Cost Analysis

Retrospective regulatory review should concentrate not only on reducing costs but also on creating benefits, like improving societal well-being.

The Travel Ban in Court

The Travel Ban in Court

The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.

Uber and the Future of Regulation

Uber and the Future of Regulation

Regulators need a new system for responding to evolving market forces.

Regulatory Analysis Under the Trump Administration

Regulatory Analysis Under the Trump Administration

Deregulatory executive orders require a new approach to analyzing regulatory impact.

Benefit-Cost Analysis Should Promote Rational Decisionmaking

Benefit-Cost Analysis Should Promote Rational Decisionmaking

Recent executive orders undermine the longstanding belief in benefit-cost analysis.

Regulating Within a Budget

Regulating Within a Budget

The Trump Administration’s regulatory budget constraint may help improve agency benefit-cost analyses.

“Good Cause” Does Not Mean Anything Goes

“Good Cause” Does Not Mean Anything Goes

Despite speculation about his intent to fire the special counsel, President Trump is not above the law.

Firing Mueller Is Only the First Step

Firing Mueller Is Only the First Step

Firing Mueller would be extreme, but the next step would be even more perilous for the President.