Process

What Makes an Emergency?

What Makes an Emergency?

Curbing executive overreach requires a clear definition of “emergency” and limits on powers used to respond to crises.

Delegation’s Critics Should Be Careful What They Wish For

Delegation’s Critics Should Be Careful What They Wish For

The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.

Legitimacy, Not Force, Is Key to Presidential Power

Legitimacy, Not Force, Is Key to Presidential Power

President Donald J. Trump’s response to police violence and peaceful protests undermines governmental legitimacy.

Will the EU Make its Better Regulation Strategy Truly Better?

Will the EU Make its Better Regulation Strategy Truly Better?

The pandemic offers the chance for the European Union to expand the scope of better regulation through innovation.

President Trump’s Regulatory Process Changes Will Not Stick

President Trump’s Regulatory Process Changes Will Not Stick

The Trump Administration’s regulatory rollbacks will not have staying power among future administrations.

Undoing the Regulatory Policies of the Trump Administration

Undoing the Regulatory Policies of the Trump Administration

The Administration has taken an aggressive approach in using legal tools to advance its regulatory agenda.

A Fuller Picture of the Trump Administration’s Regulatory Agenda

A Fuller Picture of the Trump Administration’s Regulatory Agenda

President Trump’s deregulatory agenda may have lasting effects beyond the term of his presidency.

Debating the Repercussions of Trump’s Deregulatory Agenda

Debating the Repercussions of Trump’s Deregulatory Agenda

Analysts debate the possible future ramifications of the Trump Administration’s deregulatory efforts.

OIRA and the Future of Cost-Benefit Analysis

OIRA and the Future of Cost-Benefit Analysis

The Trump Administration’s dismissiveness toward regulatory analysis reveals a need for institutional reform.

Calls for Regulatory Approval of Edible Insects

Calls for Regulatory Approval of Edible Insects

Edible insects may become essential in the wake of the COVID-19 crisis, but FDA regulation is lacking.

Florida’s Unemployment Insurance System Breaks Down Under COVID-19

Florida’s Unemployment Insurance System Breaks Down Under COVID-19

Unemployed Floridians could lose weeks’ worth of jobless benefits they would otherwise be due.

The Supreme Court’s Doublethink on Arbitration and Administration

The Supreme Court’s Doublethink on Arbitration and Administration

Conservative justices embrace delegation to arbitration panels while questioning administrative process.