Commentaries & Insights

Our Commentaries and Insights are short-form publications intended to distill long-form research and synthesize current policymaking activity into easily understood concepts.

Regulatory Advantages of the Administrative Law Court System

Recommendations for reform of the Administrative Law Court system

Regulation by Adjudication

If the Supreme Court limits or overturns the Chevron Deference doctrine, it will likely lead to a phase of regulation by adjudication as agencies adapt

Technology and Public Commenting: Congress Takes Action

A new legislative proposal aims to implement ACUS recommendations to better handle mass campaigns in the public commenting process.

Summary: Discussing Agile Regulation

Agile regulation may enable agencies to respond to public needs to a greater extent than they could under rigid rulemaking procedures

Will Crypto Regulation Become a Partisan Issue?

With no clear mandate on crypto regulation from Congress or the public, crypto regulation has so far fallen mostly to executive branch agencies.

Summary: Is OIRA Still Fit for Purpose?

Participants discussed OIRA's function as a rational bureaucracy charged with producing regulations yielding net social benefits

A Lookback at the Law: How Congress Uses the CRA

How the Congressional Review Act works and how Congress uses it.

Summary: Discussing Applications of Generative AI to Rule Development and Evaluation

In a wide-ranging discussion, breakout session participants highlighted potential risks and benefits of AI tools, particularly for the public commenting process

Summary: Discussion on Retrospective Review of Regulation

Participants attending a breakout session explored the potential for data collection and analysis to enable assessments of regulations after implementation.

Summary: The Role of Technology in Public Participation in the Regulatory Process

AI could help individuals shape their public comments into a format most useful to agencies