Regulatory Reforms and Counter-Reformations
Some of President Trump’s deregulatory actions are innovations, others build on his predecessors’ work.
A Brief History of Regulation and Deregulation
The history of regulatory policy in the United States is rich, but its future remains unclear.
Deregulation Then and Now
Leading scholars compare deregulation under the Reagan and Trump Administrations.
Defining Equity in Algorithmic Change
When Boston school leaders sought to use algorithms to redesign the bus schedule, equity remained a challenge.
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 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.