The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Who Gets to Define the Crime?
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.
Enduring Principles of Sound Regulatory Analysis
The economic foundations of Executive Order 12,866 underscore its continued importance in regulatory review.
How Often Does the Supreme Court Actually Apply Chevron?
The Court applies the Chevron test more often than one influential study suggests.
Deregulatory Realities and Illusions
President Trump’s claims that deregulation has greatly helped the economy are exaggerated.
Warren’s Bill Presents Progressive Vision for Rulemaking Reform
Recent bill would boost public participation and reduce capture in the regulatory process.
Electronic Case Management Can Improve Adjudication
Agencies can benefit from using digital technology to manage case files.
Severability in Agency Rulemaking
Agencies should include severability clauses in rules to minimize legal uncertainty.
Improving the Efficiency of the Paperwork Reduction Act
ACUS collaborated with agency officials to identify inefficiencies in the PRA approval process.
Getting Agencies Back Into the Game
Regulatory reform should reduce rulemaking burdens to promote effective agency action.
General Rules for Agency Adjudications?
Model Adjudication Rules provide agencies with a guide for improving their own procedures.