Opinion

The Unhealthy Return to Individual Responsibility in Health Policy

The Unhealthy Return to Individual Responsibility in Health Policy

The Republicans’ ACA replacement plan espouses individual responsibility—a naïve and ill-advised approach to healthcare reform.

Improving Regulatory Analysis at Independent Agencies

Improving Regulatory Analysis at Independent Agencies

Independent agencies should adopt four key analytical standards.

Improving the Process of Making Rules at Independent Agencies

Improving the Process of Making Rules at Independent Agencies

Following certain procedural steps will strengthen independent agencies’ rulemaking processes.

The Future of the Education Department’s Power to Cancel Student Loan Debt

The Future of the Education Department’s Power to Cancel Student Loan Debt

The Department only seems to use its compromise power in a very narrow set of cases, but there are signs that the zeitgeist may be shifting.

The Dark Side of Departmental Discretion

The Dark Side of Departmental Discretion

New regulations governing student debt leave too much power concentrated with Education officials.

Even for Defrauded Students, Debt Relief is Rarely Granted

Even for Defrauded Students, Debt Relief is Rarely Granted

Reluctance by Education officials to exercise their debt cancellation powers unfairly punishes students.

Student Loans Should Not Fund the Department of Education

Student Loans Should Not Fund the Department of Education

Federal officials should reorient themselves around students’ best interests instead of departmental budgets.

Deciding Whether Software Will Eat the Bureaucracy

Deciding Whether Software Will Eat the Bureaucracy

Agencies, policymakers, and the courts can all address the risks associated with cyberdelegation.

Preparing for Cyberdelegation and Its Risks

Preparing for Cyberdelegation and Its Risks

Automation in the administrative state could upset the relationship between people and their government.

The Surprising Use of Automation by Regulatory Agencies

The Surprising Use of Automation by Regulatory Agencies

Agencies’ uses of sophisticated information technologies highlight the possibilities of administrative automation.

Machines as Bureaucrats

Machines as Bureaucrats

New digital technologies promise improvements in government services but raise questions, too.

Adapting Regulation for the FinTech World

Adapting Regulation for the FinTech World

A federal consumer watchdog quietly solved a big problem.