Process

Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”

New OECD recommendation seeks to improve regulatory cooperation across countries.

Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.

Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.

Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.

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

Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.

Voluntary codes and standards affect many important aspects of the law and the legal system.

The Penn Program on Regulation launches a new curricular resource site that showcases the importance of voluntary codes and standards.

Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.

Scholars argue that career officials in the executive branch have significant decision-making power.

Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.