Submissions from 2017
Reliance on Contractors is Likely Here to Stay, Elaine C. Kamarck
The CFPB’s Final Arbitration Rule Run Amok, Alan S. Kaplinsky and Mark J. Levin
The Growing Gap in the Rule of Law, Donald F. Kettl
With the Close of This Chapter, a Final Story, Kim Kirschenbaum
A Wolf in Sheep’s Skin, Kathryn E. Kovacs
Getting Back to the Basics with Agency Rulemaking, Kathryn E. Kovacs
The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking, Ronald M. Levin
“Deep State” Claims and Professional Government, David E. Lewis
Autonomous Vehicle Bill Leaves Safety Gaps, Sarah E. Light
The Sunshine Act and Transparency at the FCC, Randolph J. May
Move Criminal Justice Forward, Tracey Meares
The Dangers of Formulaic Deregulation, Rick Melberth, Gary D. Bass, and Celinda Lake
Learning from Experience for Better Government, Shelley H. Metzenbaum
Measuring the Obama Administration’s Historic Midnight Surge, Sofie E. Miller and Daniel R. Pérez
Improving Regulatory Analysis at Independent Agencies, Joseph P. Mohorovic
Improving the Process of Making Rules at Independent Agencies, Joseph P. Mohorovic
The Administrative State Has Run Amok, Joseph P. Mohorovic
The Stunning Triumph of Cost-Cost Analysis, Amit Narang
The Battle Over the Military’s Transgender Policy Is Far from Over, Mark Nevitt
Trump’s Proposed Transgender Ban Breaks Faith with Service Members, Mark Nevitt
The Need for a Trauma-Informed Approach to Female Incarceration, Vivian Nixon
The Dangerous Consequences of Repealing the CFPB’s Arbitration Rule, David L. Noll
The Future of Occupational Licensing Reform, Ryan Nunn
Will the Trump Administration Drastically Deregulate Environmental Protection?, Craig N. Oren
Discretion and Judicial Review in European Environmental Law, José Carlos Paz
A Good Effort, with One Glaring Flaw, Richard J. Pierce
Putting in Perspective Trump’s Unwinding of Obama’s Climate Policy, Richard J. Pierce
The Secretary of Energy’s Tariff Proposal Would Be Disastrous, Richard J. Pierce
Valuing Bureaucracy Is a Quixotic Project, Richard J. Pierce
Partisans or Peacocks?, Alexander Prakash
The First Amendment Protects Offensive Trademarks, Lisa P. Ramsey
Improve Regulation, Do Not Repeal It, Rick Reibstein
Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation, Richard L. Revesz
The Misguided Regulatory Accountability Act, Martha Roberts
The Troubling Issues Regarding Police Use of Force, David Rudovsky
Concluding Thoughts on Cost-Benefit Analysis and the Public’s Impact in Rulemaking, Eugene Scalia
Cost-Benefit Analysis and Reasoned Agency Decision-Making, Eugene Scalia
The Value of Public Participation in Rulemaking, Eugene Scalia
How the Clean Power Plan’s Repeal Undermines Regulatory Analysis, Stuart Shapiro
Voter Data Request Is Illegal, Not Just Controversial, Stuart Shapiro
Will Congressional Review Act Repeals Change Agency Behavior?, Stuart Shapiro
The FTC and Net Neutrality’s Plan B, Abigail Slater
Why We Need Encryption Now More Than Ever, Abigail Slater
Donald Trump’s Unconstitutional Executive Order on Regulations, Scott Slesinger and Robert Weissman
Ordering Agencies to Violate the Law, Scott Slesinger and Robert Weissman
Regulatory Reform Should Be About Strengthening Legislative Responsibility, Sean Speer
Regulating the Reasonableness of Police Violence, Seth W. Stoughton
Encourage Vaping to Help Reduce Smoking, Stephen D. Sugarman
Evaluating Police Use of Force, Cecil Thomas
Restricting Race-Conscious Redistricting, Daniel Tokaji
Valuing Commentary, Paul R. Verkuil
Why Government Professionals Matter, Paul R. Verkuil
The Regulatory Accountability Act Is a Model of Bipartisan Reform, Christopher J. Walker
Ditch the Flawed Legislative Proposal to Police Agency Communications, Daniel E. Walters
Reporting Police Force in the Digital Age, Everett Wetchler
Of “Workarounds” and Bureaucrats, Matthew Lee Wiener
Disability and Policing, Britney Wilson
The Covered Agreement Between the United States and European Union, David Zaring
Submissions from 2016
Cost-Benefit Analysis and Social Welfare Functions, Matthew D. Adler
Regulatory Capture, Ancient and Modern, Alissa Ardito
Valuing a Ton of Particulate Matter, Sam Batkins
What Will the Regulatory Landscape Look Like in 2021?, Sam Batkins
Executive Power After United States v. Texas, Patricia Bellia
Finality and the Virtues of Jurisdictional Declarations, Emily S. Bremer
Combatting External and Internal Regulatory Capture, Reeve T. Bull
Preventing Regulatory Capture, Mark Calabria
Legal Adaptive Capacity and How Agencies Respond to Change, Alejandro E. Camacho and Robert L. Glicksman
Challenges in Measuring Regulatory Capture, Daniel Carpenter
Improving Benefit-Cost Analysis by Making It Simpler, Christopher Carrigan and Stuart Shapiro
Regulatory Capture in Enforcement, Ronald A. Cass
Because It’s Hard, Cary Coglianese
Is Government Truly Broken?, Cary Coglianese
Robot Regulators Could Eliminate Human Error, Cary Coglianese
Rulemaking’s Puzzles, Cary Coglianese
Seasons of Regulation, Cary Coglianese
Teaching Regulatory Law Through Online Publishing, Cary Coglianese
The Elusiveness of Regulatory Capture, Cary Coglianese
Congress Enacts Infrastructure Reform, but Implementation Lags, Jamie Conrad
If We Can Fix TSCA, We Can Fix the OSH Act, Jamie Conrad
Stress Tests and the End of Bank Supervision, Peter Conti-Brown
Deciding Whether Software Will Eat the Bureaucracy, Mariano-Florentino Cuéllar
Machines as Bureaucrats, Mariano-Florentino Cuéllar
Preparing for Cyberdelegation and Its Risks, Mariano-Florentino Cuéllar
The Surprising Use of Automation by Regulatory Agencies, Mariano-Florentino Cuéllar
Expanding the Right to Vote, Joshua A. Douglas
Exploring Regulatory Capture’s Unanswered Questions, Susan Dudley
How OSHA Can Succeed with the Cards It Is Dealt, Adam M. Finkel
New Regulation Could Actually Reduce Access to Investment Advice, Jill E. Fisch
Productivity, Inequality, and Economic Rents, Jason Furman
The Elusive Quest for Government “Success”, Nicole Stelle Garnett
(Not) Prosecuting Financial Crimes, Brandon L. Garrett
A Paradigm Shift in the Cost-Benefit State, John D. Graham and Paul R. Noe
A Reply to Professor Amy Sinden’s Critique of the “Cost-Benefit State”, John D. Graham and Paul R. Noe
Building More Effective Regulation, Andy Green
Campaign Finance’s Creeping Deregulation, Richard L. Hasen
We Are All Publicists Now, Michael Herz
Designing a Broader Regulatory Practice Curriculum, Kristin E. Hickman
Still Seeking Contraceptive Compromise After Zubik v. Burwell, Allison K. Hoffman
Does Government Really “Fail” That Often?, Bruce Huber
Red Tape on the Upswing, Diane Katz and James Gattuso