Opinion

The Covered Agreement Between the United States and European Union

The Covered Agreement Between the United States and European Union

Obama-era agreement on insurance regulation strikes the right level of detail after international negotiation.

Giving the Platypus of Formal Rulemaking a Second Look, Again

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

The Congressional Review Act Is No Antidote for Critics of Regulation

The Congressional Review Act Is No Antidote for Critics of Regulation

Law does not address claims of excessive delegation of Congress’s policymaking responsibilities.

Adjudicating by Algorithm, Regulating by Robot

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Regulatory reform bill’s public hearing requirement will hinder agencies’ attempts to regulate.

The Regulatory Accountability Act Is a Model of Bipartisan Reform

The Regulatory Accountability Act Is a Model of Bipartisan Reform

Recent bill would provide much-needed change to the most prominent source of U.S. administrative law.

Donald Trump’s Unconstitutional Executive Order on Regulations

Donald Trump’s Unconstitutional Executive Order on Regulations

President Trump’s “one-in, two-out” mandate is irrational and violates the Constitution.

Looking More Closely at the Platypus of Formal Rulemaking

Looking More Closely at the Platypus of Formal Rulemaking

Legal scholar argues that the oft-criticized formal rulemaking process has virtues in proper settings.

Ditch the Flawed Legislative Proposal to Police Agency Communications

Ditch the Flawed Legislative Proposal to Police Agency Communications

Provisions of the Senate’s Regulatory Accountability Act would do more harm than good.

A Good Effort, with One Glaring Flaw

A Good Effort, with One Glaring Flaw

Regulatory reform bill’s requirement of oral evidentiary hearings for rulemakings may prove to be ineffective.

Partisans or Peacocks?

Partisans or Peacocks?

Oral argument transcripts may reveal Supreme Court Justices’ motivations for speaking.

Trump’s Alternative Economics of Climate Change

Trump’s Alternative Economics of Climate Change

The Trump Administration’s new social cost of carbon policy muddies the waters.