Increasing Early, Transparent Consideration of Regulatory Alternatives
Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.
Pursuing Periodic Review of Agency Regulation
Periodic reviews of regulations can promote learning and improve policy.
Improving the Management of Public Comments in a Digital Age
ACUS recommends best practices for how agencies manage mass, computer-generated, and falsely attributed public comments.
Improving Participation, Impact, and Fairness in the Administrative State
ACUS issues new recommendations to enhance administrative governance.
Putting Brains on the Witness Stand
Neuroscientific evidence in the courtroom may test judges and standards of admissibility.
A Fili-Busted Balance of Power
The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.
The Road to Clean Air Is a Toll Road
Scholar argues that legal barriers should not prevent cities from using congestion pricing to curb traffic.
An Early History of Rulemaking Power
Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.
States Regain Regulatory Power Over Predatory Loan Servicers
The Education Department’s new interpretation of federal law empowers states to protect student loan borrowers.
Only Federal Regulation Can Ensure Fair Elections
Congress should use its constitutionally granted authority to regulate elections and protect democracy.
Election Officials as Regulators of Voting Access
Legislative backlash against election officials poses serious implications for democracy.
Red State Lawmakers Preempt Campaign Finance Laws in Blue Cities
Republican states with major democratic metropolitan centers forestall local efforts to reform election law.