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Improving Regulatory Agenda-Setting
With a seemingly endless stream of risks demanding attention in an increasingly modern, complex economy, some of the most important decisions a regulatory agency faces are those about what problems to...
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Satisfaction Is Not the Same as Policy Success
Regulatory policies that satisfy the interests involved in policy-making are often assumed to be better policies. Numerous studies purport to evaluate the success of public participation by asking...
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A New Year of Checks and Balances
This month not only marks the start of a new year, but it also kicks off Barack Obama’s final two years as president. The specific controversies and events looming ahead for the president and the...
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An Easier Way to Untangle Regulatory Knots
As if federal budget negotiations weren’t messy enough, President Obama is hoping to use the process simultaneously to untangle regulatory knots, starting with food safety. His 2016 budget proposal...
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Rating Regulatory Excellence
Rating and measurement systems abound in contemporary life. Michelin Guides rate restaurants and hotels. Consumer Reports offers ratings for new washing machines, microwave ovens, and a host of other...
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What Volkswagen Reveals about the Limits of Performance-Based Regulation
Volkswagen’s diesel emissions scandal has properly raised questions about the character of that company’s management or corporate culture. But the crisis should also raise questions about a popular...
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The Regulatory Excellence Molecule
Ancient Greek philosophers called it arête: “virtue” or, in what is generally thought the better translation, “excellence.” For the Ancient Greeks, excellence was the key to human fulfillment, a vital...
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Regulatory Excellence as “People Excellence”
Around the world, regulators confront highly complex issues that demand in-depth knowledge of science, engineering, technology, economics, and other realms of technical expertise. If they are to...
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When Management-Based Regulation Goes Global
The Paris Agreement signals an historic global consensus about the problem of global warming. As a solution to a major public problem, though, the Agreement is actually much less historic. It follows...
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Because It’s Hard
Climbers on Mount Everest face threatening avalanches, oxygen-depriving altitude, blinding snow squalls, and an ever-persistent risk of falling. As a result, most people who set out from Everest’s base...
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Rulemaking’s Puzzles
It is puzzling. Administrative agencies continue to produce thousands of rules each year in the face of an accumulation of procedural requirements that administrative law scholars say have ossified...
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Seasons of Regulation
In the stage performance of the musical, Rent, Act 2 begins with a full-cast number that urges all of us to treasure the moments spent with friends and family. The song poses the question, “How do you...
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Robot Regulators Could Eliminate Human Error
Long a fixture of science fiction, artificial intelligence is now part of our daily lives, even if we do not realize it. Through the use of sophisticated machine learning algorithms, for example,...
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The Elusiveness of Regulatory Capture
Nearly everyone sees regulatory capture – and rightly disdains it. And yet, for a phenomenon so universally decried, capture actually remains quite elusive. Since capture has been so roundly condemned,...
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Teaching Regulatory Law Through Online Publishing
If you are reading these words on RegBlog, you have already discovered the innovation in legal education that I would like to tell you about. Despite its name, RegBlog is not really a blog. Yes, it is...
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Is Government Truly Broken?
The 2016 presidential campaign surfaced a deep angst pervading vast segments of the American populace. Many voters believe that a broken government has fueled many of the nation’s problems. But is...
View ArticleAdjudicating by Algorithm, Regulating by Robot
Sophisticated computational techniques, known as machine-learning algorithms, increasingly underpin advances in business practices, from investment banking to product marketing and self-driving cars....
View ArticleWhy Cabinet Secretaries Should Not Threaten Members of Congress
Among the many twists and turns in this summer’s legislative drama involving Republicans’ efforts to repeal and replace the Affordable Care Act, one sideshow revealed an important lesson worth...
View ArticleThe Legal Risks of Regulating Climate Change at the Subnational Level
In 2005, Martin Chávez won reelection as the mayor of Albuquerque on a platform that included climate action. To pursue his sustainability agenda, Chávez formed a “Green Ribbon Task Force” which...
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Designing Safety Regulations for High-Hazard Industries
Governments have long regulated the safety of industries engaged in hazardous activities. Safety regulation aims to ensure that industries can continue to provide their vital goods and services but...
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