Process

Introducing Incorporation by Reference

Introducing Incorporation by Reference

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

Law’s Interaction with Voluntary Codes and Standards

Law’s Interaction with Voluntary Codes and Standards

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

Codes-and-Standards.org

Codes-and-Standards.org

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

Why the SEC is Wrong About Implied Preclusion

Why the SEC is Wrong About Implied Preclusion

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

Subdelegating Authority in the Executive Branch

Subdelegating Authority in the Executive Branch

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

Nostalgia for Agency Expertise

Nostalgia for Agency Expertise

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

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Is Chevron Deference Still Alive?

Is Chevron Deference Still Alive?

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

The Supreme Court’s 2021-2022 Regulatory Term

The Supreme Court’s 2021-2022 Regulatory Term

Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.

Did Step Zero Help Doom Chevron?

Did Step Zero Help Doom Chevron?

One of the Supreme Court’s most significant administrative law precedents may soon be overturned.

Transferring Military Skills to Civilian Employment

Transferring Military Skills to Civilian Employment

GAO recommends the U.S. Department of Defense improve servicemember credentialing programs.

Cataloging and Clarifying Judicial Review Statutes

Cataloging and Clarifying Judicial Review Statutes

Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.