Process

Putting Foxes in Charge of Guarding Henhouses

Putting Foxes in Charge of Guarding Henhouses

“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”

Chevron’s Lack of Statutory Support

Chevron’s Lack of Statutory Support

“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”

Chevron Undermines Checks and Balances

Chevron Undermines Checks and Balances

It is time to reconsider the extent to which we apply Chevron.

Is it Time to Reconsider Chevron Deference?

Is it Time to Reconsider Chevron Deference?

The Regulatory Review proudly features the remarks of Ann R. Klee, keynote speaker at the Penn Program on Regulation’s annual dinner.

GAO Says Congressional Review Act Not Triggered by Proposed Rules

GAO Says Congressional Review Act Not Triggered by Proposed Rules

Congressional watchdog declares that proposed regulations are not subject to CRA.

Reframing the Discussion on Money in Politics

Reframing the Discussion on Money in Politics

Congressional ethics expert urges regulating lobbying, campaign finance, and gifts simultaneously.

Politics, Law, and Presidential Power

Politics, Law, and Presidential Power

Disputes about the limits of executive power cannot be productively resolved by appeals to the Constitution.

Achieving Procedural Fairness in Black Lung Benefits Hearings

Achieving Procedural Fairness in Black Lung Benefits Hearings

Black lung disease is increasing, but fewer miners can successfully claim benefits.

Regulating the Settler-in-Chief

Regulating the Settler-in-Chief

When it comes to brokering settlements, presidential power may need to be regulated.

It’s Time to Make Rulemaking Really Transparent on Agency Websites

It’s Time to Make Rulemaking Really Transparent on Agency Websites

Regulatory agencies should do more to make information about proposed rules more accessible.

Two Cheers for Industry Self-Governance

Two Cheers for Industry Self-Governance

Better analysis can reveal the conditions under which self-regulation works well for society.

A Libertarian Bias in the D.C. Circuit’s Administrative Law

A Libertarian Bias in the D.C. Circuit’s Administrative Law

Scholars say the Supreme Court should rebuke the lower court’s ideologically influenced decisions.