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.


The Durability of Regulatory Oversight

This article reflects on OIRA's evolution over the almost 40 years since the Paperwork Reduction Act created it in 1980 to understand what has made it so durable. It finds that regardless of their philosophy, presidents need an entity like OIRA to address the principal‐agent problem they face in managing the disparate agencies within the executive branch.

Nudging the Nudger: Toward a Choice Architecture for Regulators

Behavioral research has shown that individuals do not always behave in ways that match textbook definitions of rationality but are subject to cognitive biases that may lead to systematic errors in judgments and decisions.

Consultation as Policymaking Innovation: Comparing Government Transparency and Public Participation in China and the United States

This article compares government transparency and public participation in policymaking across China and the United States. The analysis specifically focuses on the notice and comment process—government announcement of proposed policies and solicitation of public feedback—at the Chinese Ministry of Commerce (MOC) and U.S. Environmental Protection Agency (EPA).

Online Consultation and the Institutionalization of Transparency and Participation in Chinese Policymaking

This article examines the institutionalization of online consultation, a prominent instrument of governance reform in contemporary China in which government organizations make public draft laws and regulations and solicit input from interested parties prior to finalizing decisions. The article specifically analyses the extent to which online consultation is a durable governance reform that enhances transparency and participation in policymaking. The analysis focuses on the Ministry of Commerce (MOC) and Guangzhou Municipal Government (GMG), leading organizations in the implementation of online consultation.

Lost in the Flood?

This article examines agency responsiveness to mass comment campaigns – collections of identical and near‐duplicate comments sponsored by organizations and submitted by group members and supporters – in administrative rulemaking in the United States.

Retail Electric Competition and Natural Monopoly: The Shocking Truth

Regulated monopoly remains the dominant paradigm for electricity retailing in the United States. Scholarly research, however, clearly refutes the idea that monopoly is the most efficient market structure for retail electricity sales.

Statutory Delegation, Agency Authority, and the Asymmetry of Impact Analysis

This paper documents the diverse degrees of discretionary authority Congress grants US executive branch agencies. It then presents a case study that systematically compares the quality of impact analysis that informed legislative and regulatory decisions on positive train control, a technology mandated by statute in 2008.

Regulating Agencies

Scholars of regulation generally view the procedures that agencies must follow when promulgating rules as instruments by which political principals control bureaucratic agents. Much like political principals attempt to use procedural checks to constrain regulatory agencies’ actions, these same agencies employ various regulatory instruments to influence the decisions of private agents, especially firms.

Regulatory Impact Analysis and Litigation Risk

This paper explores the role that the regulatory impact analyses (RIAs) that agencies are required to prepare for important proposed rules play in decisions by courts about whether these rules should be upheld when they are challenged after promulgation.