Delegation, Time, and Congressional Capacity
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
Regulate Non-Competes by Administrative Adjudication
The FTC should use adjudications to establish policy on employment non-compete clauses.
Institutional Gridlock
Without structural change, Congress will remain unable to legislate effectively.
Delegation and Time … and Staff
Without an adequate amount of staff Congress cannot govern effectively.
Current Law Helps Shield Attorney General From Independent Review
A government watchdog office needs authority to investigate issues related to federal prosecutions.
How Long is Too Long for Legislative Delegation?
The temporal problem of delegation is rooted in empirical evidence.
Reviving Congress’s Ambition
Regular reauthorization of statutes can fix congressional delegation’s temporal problem.
Is Most of the Federal Government Unconstitutional?
The academic debate over the history and the future of the nondelegation doctrine is far from over.
Regulation Serves People, and Depends on Them Too
Regulators and regulatory scholars alike need to keep in mind regulation’s essential human element.
A Distinction in Agency Design Without a Difference
The Solicitor General says it is constitutionally relevant that one person heads the CFPB, but it is not.
The Regulation of American Archaeology
Federal regulation of domestic and international archaeology comes from a variety of agencies.
Rethinking the Value of a Statistical Life
It is time to reconsider the value of the VSL in policy analysis.