Trump’s “Emergency” and the Constitution
The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.
In a Justice Department Shutdown, Some Agencies Can Still Litigate
Even during budget crises, federal law empowers agencies to use appropriations to defend civil cases.
OIRA Reinvigorated
Over the last two years, OIRA has made many positive contributions to the administrative state.
Adopting Rebuttable Presumptions at the FCC
Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.
Supreme Court to Review Notice Requirements for Medicare Payment Rules
Court’s ruling could determine the procedure for changing hospital reimbursement formulas.
Make Benefit-Cost Analysis Meaningful
Regulatory benefit-cost analysis should account for people’s welfare, not just empirical data.
The Independence of Egypt’s Consumer Protection Agency
New law implicates the political insulation, structure, and power of Egypt’s consumer protection regulator.
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.