Most importantly, the practice of benefit-cost analysis has been reinforced by decades of bipartisan presidential agreement, ...
The Environmental Protection Agency’s decision to decline to monetize effects from air pollution prompts reactions by ...
Congress’s expanded use of its oversight mechanism threatens the stability of agency action.
The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.
The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making ...
The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.
Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.
Effective antitrust enforcement in the electricity sector can promote competition and protect consumers’ interests.
Scholars debate whether the duty to engage in reasoned decision-making should be reconsidered.
A recent case concerning the National Guard may signal growing Supreme Court skepticism of President Trump’s appeals.
In this week’s Saturday Seminar, scholars consider how the NextGen exam and alternative licensure pathways may transform legal education and who gets to become a lawyer.
In a conversation with The Regulatory Review, administrative and constitutional law scholar Gillian E. Metzger discusses the impact of recent U.S. Supreme Court rulings on administrative law doctrine ...