Journal Articles & Working Papers

These documents are the apex of the Center's academic research.  Our working papers are authored with the intention of publishing them in peer-reviewed journals at a later date, and our journal articles are setting the standard in their academic disciplines.

Responding to Mass, Computer-Generated, and Malattributed Comments

A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decision making.

Diffusion or Abandonment?

The notice and comment process is a prominent governance reform in contemporary China.

Sentiment and Uncertainty about Regulation

Regulatory policy can create economic and social benefits, but poorly designed or excessive regulation may generate substantial adverse effects on the economy.

Milestones in the Evolution of the Administrative State

The modern administrative state, as measured by several metrics, has grown significantly over the last hundred years.

Beyond Republicans and the Disapproval of Regulations

This article finds that the Congressional Review Act has become an institutionalized instrument of oversight of regulatory policymaking.

Into the Void

The study of Congress largely focuses on its members, committees, and leaders. Meanwhile, the study of federal agencies tends to focus on those that fall within the executive branch. But many agencies and institutions exist to support Congress, and administrative law and political science scholarship has largely overlooked their internal operations.

Bespoke Regulatory Review

Bespoke regulatory review, fit to the particulars of each independent regulatory agency, could help remedy regulatory analysis deficiencies at independent regulatory agencies, while also addressing the long-standing legal and political stalemate of the Office of Information and Regulatory Affairs (OIRA) review of independent regulatory agencies.

Regulation in the Biden Administration

The Biden-Harris Administration will enjoy many important successes in its early days. The Executive Orders and Guidance Documents it will issue on or shortly after inauguration day will come close to restoring the regulatory environment that existed when President Trump took office. But the progressive agenda will be on hold, at least as long as Republicans control the Senate.

Milestones in the Evolution of the Administrative State

The modern administrative state, as measured by number of agencies, their budgets and staffing, and the number of regulations they issue, has grown significantly over the last hundred years. This essay reviews the origins of the administrative state, and identifies four milestone efforts to hold it accountable to the American people: passage of the Administrative Procedure Act in 1946, the economic deregulation of the 1970s and ‘80s, requirements for ex-ante regulatory impact analysis, and White House review.

The Effects of GDPR on the Digital Economy

We review the existing literature on privacy, particularly GDPR, from a policy perspective. The evidence outlines data regulation's effects on competition, innovation, marketing activities, and cross-border data flows. The discussion highlights the tradeoffs between increased regulation of data protection and its effects on the market.