A Price of Greater Executive Discretion
Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.
We Decline to Define ‘Reasonably Available’
The new amendment to incorporation by reference rules leaves important issues unaddressed.
One Step Forward, Two Steps Back
Encouraging progress in public access to industry standards is counterbalanced by a governmental “disappointment.”
Members of Congress Need Not Send to Ask For Whom the Bell Tolls
Congress must not forget its role in setting regulatory policy.
A Confluence of Concerns with the Accumulation of Regulatory Regimens
Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.
Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference
Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.
“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”
Distinct concepts clarify judicial review of U.S. agency decision making.