Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
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.
Biden's Spring 2022 Unified Agenda
The Spring 2022 Unified Agenda suggests the Biden administration is focusing on priorities related to the environment, health, immigration, and education.
From Fragility to Agility: The Future of Regulation
The National Academy of Public Administration offers an agile regulatory framework to enhance government responsiveness to current and future challenges. The report includes tenets and practices that can improve public management and regulatory outcomes.
The Unintended Consequences of Banking Regulations: Shadow Banking
Shadow banks are not subject to the stringent regulation that traditional banks are and can pose great risks to the financial system. Since the financial crisis, banking regulations have been tightened to reduce the fragility of the financial system.
FDA Struggles to Pinpoint Impacts of Proposed Rule
In February, the Food and Drug Administration (FDA) released a long-awaited proposed rule creating national standards for companies in the prescription drug supply chain.
In recent years, the Chinese government has increasingly flexed its economic, political, and military muscles around the world. Close to its mainland home has been no exception, as the Chinese government has taken actions to pressure officials in Hong Kong and Taiwan.
Possibilities and Perils of Deepfake Technology
While the potential for deepfake technology to disrupt society has been clear for years, its growing accessibility and high-profile instances of use have increased concerns over their capabilities. In the first of a planned series discussing deepfake regulation, this post summarizes some of the most significant costs and benefits of the technology.
Memos to the New OIRA Administrator
President Biden’s Modernizing Regulatory Review memorandum signals continuity in some regulatory practices and big shifts in others.
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.