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
Earlier and less burdensome regulatory impact analyses would lead to more transparent, better regulatory decisions.
Executive Power After United States v. Texas
This closely watched case highlights larger lessons about the limits on executive power.
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
Two Supreme Court decisions raise questions about the role of states in emerging electricity markets.
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
The Supreme Court sheds light on the finality of Army Corps of Engineers’ jurisdictional determinations.
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
Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors.
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’s antecedents in political thought—which date back to ancient Greece—inform the modern concept.
Regulatory Capture in Enforcement
Enforcement decisions are oft-overlooked, yet such decisions merit heightened scrutiny if regulatory capture is to be reined in.