Opinion

Self-Deception and Regulatory Compliance

Self-Deception and Regulatory Compliance

Firms vary considerably in how they interpret regulatory commands and signals, posing enforcement challenges.

Improving Benefit-Cost Analysis by Making It Simpler

Improving Benefit-Cost Analysis by Making It Simpler

Earlier and less burdensome regulatory impact analyses would lead to more transparent, better regulatory decisions.

Executive Power After United States v. Texas

Executive Power After United States v. Texas

This closely watched case highlights larger lessons about the limits on executive power.

Redistricting Law Refined

Redistricting Law Refined

Recent Supreme Court redistricting decisions clarify two important legal developments—but leave the status of partisan gerrymandering claims unresolved.

A Shift in the Energy Regulatory Regime

A Shift in the Energy Regulatory Regime

Two Supreme Court decisions raise questions about the role of states in emerging electricity markets.

Searching for Real Regulatory Independence

Searching for Real Regulatory Independence

OECD report calls for agency independence to serve as a bulwark against breakdowns in the regulatory process.

Finality and the Virtues of Jurisdictional Declarations

Finality and the Virtues of Jurisdictional Declarations

The Supreme Court sheds light on the finality of Army Corps of Engineers’ jurisdictional determinations.

Still Seeking Contraceptive Compromise After Zubik v. Burwell

Still Seeking Contraceptive Compromise After Zubik v. Burwell

Zubik v. Burwell highlights thorny issues surrounding Obamacare’s contraceptive coverage requirement.

The Elusiveness of Regulatory Capture

The Elusiveness of Regulatory Capture

Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors.

Exploring Regulatory Capture’s Unanswered Questions

Exploring Regulatory Capture’s Unanswered Questions

Rent-seeking and profit-seeking behavior provide valuable insights into the concept of regulatory capture.

Regulatory Capture, Ancient and Modern

Regulatory Capture, Ancient and Modern

Regulatory capture’s antecedents in political thought—which date back to ancient Greece—inform the modern concept.

Regulatory Capture in Enforcement

Regulatory Capture in Enforcement

Enforcement decisions are oft-overlooked, yet such decisions merit heightened scrutiny if regulatory capture is to be reined in.