Law’s Interaction with Voluntary Codes and Standards
Voluntary codes and standards affect many important aspects of the law and the legal system.
Codes-and-Standards.org
The Penn Program on Regulation launches a new curricular resource site that showcases the importance of voluntary codes and standards.
Why the SEC is Wrong About Implied Preclusion
Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.
Nostalgia for Agency Expertise
Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
The Supreme Court’s 2021-2022 Regulatory Term
Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.
Did Step Zero Help Doom Chevron?
One of the Supreme Court’s most significant administrative law precedents may soon be overturned.
Transferring Military Skills to Civilian Employment
GAO recommends the U.S. Department of Defense improve servicemember credentialing programs.
Cataloging and Clarifying Judicial Review Statutes
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.
Improving the Quality of Mass Justice
Agencies need to pursue systematic efforts to provide quality assurance in their adjudicatory processes.
Updating the Congressional Review Act
Congress should modify the Congressional Review Act to enhance clarity and improve oversight of agencies.
Public Access to Agency Adjudicative Proceedings
Agencies should craft rules about public access to their adjudicative proceedings.