Process

How Regulatory Agencies Undervalue Life

How Regulatory Agencies Undervalue Life

Agencies should boost penalties for fatal rule violations to match the value of a statistical life.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.

Judge Kavanaugh and Administrative Law

Judge Kavanaugh and Administrative Law

What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?

The Changing Meaning of Transparency

The Changing Meaning of Transparency

Scholar argues that despite progressive roots, U.S. transparency laws have taken an anti-government focus.

Thinking Through OIRA Review of Tax Regulations

Thinking Through OIRA Review of Tax Regulations

OIRA review of significant tax rules raises new questions about the shape of centralized administrative oversight.

Shunting Aside Chevron Deference

Shunting Aside Chevron Deference

The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.

Reining in Technocracy to Increase Democratic Legitimacy

Reining in Technocracy to Increase Democratic Legitimacy

Reducing the power of technocrats will strengthen democratic legitimacy and political stability.

Cutting Through the Rhetoric of Cutting Red Tape

Cutting Through the Rhetoric of Cutting Red Tape

Regulatory counting paints a distorted picture of the costs and benefits of regulatory action.

Regulatory Reform Under Reagan and Trump

Regulatory Reform Under Reagan and Trump

Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.