All Publications


Responding to Mass, Computer-Generated, and Malattributed Comments

A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decision making.

Memos to the New OIRA Administrator

President Biden’s Modernizing Regulatory Review memorandum signals continuity in some regulatory practices and big shifts in others. It reaffirms longstanding bipartisan principles that require agencies to analyze the effects of alternative regulatory approaches, with the objective of ensuring that federal policies do more good than harm.

Supervising the Guantanamo Tribunal Supervisor after Arthrex

The Supreme Court held in United States v. Arthrex that administrative patent judges’ decisions must be subject to agency-head review because they were not appointed as principal officers.

Important Changes at the Intersection of Antitrust and Administrative Law

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice will soon publish new joint guidelines applicable to mergers that raise horizontal issues in the same market and to mergers that raise vertical issues in the same supply chain.

Draft Report on Contractors in Rulemaking

Bridget C.E. Dooling (The George Washington University Regulatory Studies Center) and Rachel Augustine Potter (University of Virginia) prepared this report for the consideration of the Administrative Conference of the United States to help the independent agency make improvements to administrative processes and procedures.

National Academies Workshop on Methadone Regulations

A recent National Academies workshop on the federal rules governing methadone treatment explored how these rules restrict patient access to life-saving treatment for opioid use disorder. As the overdose epidemic rages on, these regulations need an overhaul. Recent research from the Regulatory Studies Center, with support from the Pew Charitable Trusts, sheds light on promising pathways for reform.

EPA's New Science Advisory Process

EPA’s new process for engaging its science advisors would embed them in every step of the rulemaking process, which risks diminishing the independence of their review and possibly foreclosing consideration of important research, perspectives, and policy options.

Notice and Comment Policymaking During Uncertain Times

The notice and comment process—in which governments make public draft policies and solicit feedback on these proposals—is seen as a vehicle for promoting transparency, participation, and responsiveness in policymaking.

Comparing Regulatory Uncertainty with Other Policy Uncertainty Measures

Economic research shows that increased uncertainty can lead to significant reductions in hiring, investment, consumption, and output in the economy. Among many types of uncertainty, policy uncertainty has gained increased attention during recent years.

Top Ten Essays from 2021

2021 was an...interesting year to say the least!  The GW Regulatory Studies Center stayed busy producing dozens of essays on a wide array of topics in regulatory policy.  This page highlights the top ten most viewed essays from our own website.