When Federal Agencies Do Not Answer to Courts
Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.
The Future of Countercyclical Regulation
Scholars evaluate the viability of adjusting regulations to accommodate changes in economic conditions.
The Constitutional Executive Order on Regulatory Budgets
President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.
Ordering Agencies to Violate the Law
President Trump’s regulatory budget executive order withholds agency action and harms the American public.
It Is Premature to Label a Regulatory Budget Unconstitutional
The President’s one-in, two-out executive order may be difficult to implement, but it is not unconstitutional.
The Administrative State Has Run Amok
Recent momentum in favor of regulatory reform is a positive development, and long overdue.
A Wolf in Sheep’s Skin
The Early Participation in Regulations Act will further complicate the rulemaking process.
Scrap the Congressional Review Act
The law goes against the public interest, favoring lobbyists over public protections.
Giving the Platypus of Formal Rulemaking a Second Look, Again
Legal scholar reexamines the formal rulemaking process in response to criticism.
A Look at States’ Roles in Administrative Constitutionalism
Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.
Assessing the Regulatory Accountability Act
Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.