Rulemaking

A System for Effective Rule Design

A System for Effective Rule Design

Scholar proposes a rule design framework for defining the regulator-regulatee relationship.

Building Empathy Into an Automated State

Building Empathy Into an Automated State

A government that increasingly operates on the basis of artificial intelligence will still need to supply human empathy.

Reviving FTC Rulemaking

Reviving FTC Rulemaking

Attorney calls for consumer protection agency to increase the use of its authority to issue regulations.

Control Over Litigation and Agency Rulemaking

Control Over Litigation and Agency Rulemaking

Private rights of action lead agencies to seek greater policy control through rulemaking.

A Regulatory Reboot Cannot Neglect Artificial Intelligence

A Regulatory Reboot Cannot Neglect Artificial Intelligence

The OECD should offer recommendations on the full potential and risks of artificial intelligence in rulemaking.

Regulatory Oversight for Better Regulation

Regulatory Oversight for Better Regulation

Empowering regulatory oversight bodies can help countries develop regulation that is fit for the future.

Public Input in the People’s House

Public Input in the People’s House

Congress should use notice-and-comment rulemaking as a model for public input in the legislative process.

Contractors in Rulemaking

Contractors in Rulemaking

Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.

Agency General Counsels, Beware

Agency General Counsels, Beware

Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”

Land Use Regulation and Residential Segregation

Land Use Regulation and Residential Segregation

Policymakers must address how local governments have created segregation through their policy choices.

Regulatory Engagement is Due for an Upgrade

Regulatory Engagement is Due for an Upgrade

Improving comment solicitation and fixing Regulations.gov will enhance access to the regulatory process.

Reimagining the Public’s Role in Agency Rulemaking

Reimagining the Public’s Role in Agency Rulemaking

Congress should tailor the notice-and-comment process for more meaningful public participation.