Process

Walmart Threads the Needle on Separation-of-Powers Remedies

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?

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

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

Administrative Barriers to Decarceration

Scholars discuss how administrative failures block incarcerated people from accessing relief.

Analyzing Language to Identify Stakeholders

Analyzing Language to Identify Stakeholders

Using artificial intelligence in public consultation processes could enhance participation in rulemaking.

Contractors 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

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

Improving International Regulatory Cooperation

New OECD recommendation seeks to improve regulatory cooperation across countries.

Redesigning Automated Legal Guidance

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

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

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

Private Standards and the Benzene Case

A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.