Administrative Law

Administrative Law Essay Competition Winners

Administrative Law Essay Competition Winners

Two essays by student winners of a Penn Law essay competition describe important regulatory developments.

Can Hip Hop Save Rulemaking?

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.

Cost-Benefit Analysis According to the Trump Administration

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

Justice Stevens’s Legacy to the Administrative State

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Endangered Deference

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

Deference After Kisor

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

Gundy, Nondelegation, and Never-Ending Hope

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

The Supreme Court’s 2018–2019 Regulatory Term

The Supreme Court’s 2018–2019 Regulatory Term

Commentators highlight the ramifications of the Court’s most significant regulatory cases.

What Does Risk-Based Regulation Mean?

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

Considering Cumulative Regulatory Costs in Economic Analysis

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.