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.

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: 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: 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: 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

On Misciting Marbury

In deciding whether to overrule the Chevron doctrine, the Supreme Court should not be persuaded by mistaken invocations of a famous dictum.

2023 Regulatory Year In Review

Top ten trends in federal agency actions for 2023

Top Ten Essays from 2023

Our scholars and experts explored a wide range of topics last year and published leading insights on the regulatory developments that mattered most.