Improving the Process of Rulemaking
The OECD analyzes the progress of regulatory frameworks in member countries.
The Misuse of History to Undercut the Modern Regulatory State
Originalist arguments for rewriting administrative law are weaker than they seem.
Major Questions and Juristocracy
In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.
Vaccine Mandates and Roads Not Taken
Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.
Threatening Chevron Deference Threatens Government as a Whole
Scholar argues that overruling deference to agencies will constrain U.S. government action.
Medicare and Chevron in the Supreme Court’s New Term
With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.
Empathy in an Automated State
Increased use of artificial intelligence in public administration calls for efforts to give government a human touch.
“Rollback Whiplash” and a Two-Year Presidency
Scholars argue that rollback tools mean Presidents must act fast to implement lasting policy.
Mass Comments’ Opportunity Costs
What is lost when those with something to say join the mass comments bandwagon?
Democracy, Rulemaking, and Outpourings of Comments
Scholars and policymakers should recognize the democratic benefits of public comments.
Managing Mass Comment “Supply” by Reducing “Demand”
Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.