Reconciling Brown v. Gardner and Chevron
How to fix a statutory interpretation anomaly arising in veterans’ law cases.
A New Measure of the Quality of Regulatory Analysis
Our Report Card project scores the use of regulatory analysis in agency rulemakings.
The Performance of Regulatory Performance Standards
Despite their prevalence, regulatory performance standards and their efficacy have been understudied.
Do Expert Agencies Outperform Generalist Judges?
Empirical evidence suggests that expert agencies perform no better than courts.
Will Obama be Damaged by New Administrative Scandals?
Recent scandals will likely reinforce existing predispositions more than move the political needle.
A Confluence of Concerns with the Accumulation of Regulatory Regimens
Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.
Rule of Law Prevails in Sackett v. EPA
Don’t believe either the environmentalists or the property rights supporters.
Beyond Cost-Benefit Analysis
Social welfare function incorporates distributional considerations into policy analysis.
Clearer Framing Needed for “Open Government”
Open government debate needs to separate politics from technology.
The Proper Limits of the Congressional Regulatory Veto
The CRA’s ban on issuing “substantially similar” rules has been misunderstood
Reconciling Cost-Benefit Analysis with the Precautionary Principle
CBA methodology can respond to societal risk-aversion.