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.


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.

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.

Vaccine Mandates and Roads Not Taken

Earlier this month, a six-justice majority of the U.S. Supreme Court stayed the vaccinate-or-test mandate that the Occupational Safety and Health Administration (OSHA) imposed on employers that have more than 100 employees.

Regulatory Policies and the Biden Administration

Last month, the Office of Information and Regulatory Affairs released its semiannual Unified Agenda of Regulatory and Deregulatory Actions. The documents lay out a priority set for the Biden administration as it enters into its second year.

2021 Regulatory Year in Review

This Regulatory Insight recaps ten important developments related to federal regulations that occurred in 2021. With the continued spread of COVID-19, regulatory responses to the pandemic are still an important theme throughout 2021, including several controversial vaccination requirements. The other themes reflect the Biden administration’s efforts to halt or undo Trump-era regulations during its initial year.