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.

A Regulatory Surge in April 2024

In April 2024, federal agencies broke records by issuing an unprecedented number of significant final rules

Will History Repeat Itself? Forecasting CRA Use in a Second Trump Administration

What policy areas are most likely to be challenged if Trump wins a second term in the 2024 presidential election?

Biden’s Ambitious Executive Order Does More for Data Security than Banning TikTok

Biden's Executive Order 14117 is more tailored to producing meaningful protections on data security than the recent legislation banning TikTok

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.