Walmart Threads the Needle on Separation-of-Powers Remedies
Walmart challenges the constitutionality of the FTC’s power to seek monetary or injunctive relief.
Another Round of Speculation about Chevron?
An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.
Justice Department Aims to Bust Ghost Guns
The Justice Department issued a new final rule regulating guns that can be assembled at home.
Administrative Barriers to Decarceration
Scholars discuss how administrative failures block incarcerated people from accessing relief.
Analyzing Language to Identify Stakeholders
Using artificial intelligence in public consultation processes could enhance participation in rulemaking.
Contractors in Rulemaking
Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.
Agency General Counsels, Beware
Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”
Improving International Regulatory Cooperation
New OECD recommendation seeks to improve regulatory cooperation across countries.
Redesigning Automated Legal Guidance
Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.
Using Technology and Contractors in the Administrative State
Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.
A Voluntary Coda
Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.
Private Standards and the Benzene Case
A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.