Silver Linings Shutdown
Distinguished lecture at Penn Law offers hope that the long shutdown of the federal government in early 2019 will lead to positive reforms.
Can the President Modify a Monument?
Scholar argues that only Congress has the power to modify a National Monument.
The Value of the CRA for Agency Guidance
The Congressional Review Act restores notions of separation of powers and empowers private parties affected by regulation.
Does Presidential Ideology Influence OIRA Review?
Scholars report that White House review exerts a deregulatory influence on agency rulemaking.
Administrative Law Essay Competition Winners
Two essays by student winners of a Penn Law essay competition describe important regulatory developments.
Cost-Benefit Analysis According to the Trump Administration
Scholar argues that the Trump Administration has discredited cost-benefit analysis.
The Coming Decline of Anti-Regulatory Conservatism
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
Fixing Antitrust’s Indirect Purchaser Rule
A recent Supreme Court case allows end users to sue for antitrust violations.