Commentary Archive

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Bounded Rationality in the Rulemaking Process

July 23, 2019

7/23/19 -- Regulators are humans, not robots. This simple truth reminds us that individual decision-makers responsible for developing and implementing regulations face the same cognitive limitations that consumers face in the marketplace. Institutional reforms to regulators’ choice architecture may help mitigate these biases.

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A Two-Year Lookback on Trump’s Deregulatory Record

July 15, 2019

7/15/19 -- Susan Dudley and her co-panelists discuss the effect of Trump’s Executive Order 13771, repeated losses for the administration in court, the administration’s view of benefit-cost analysis, and more at an ABA Regulatory Policy Committee meeting.

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Francisco Franco Still Dead, Naked Alcohol Protectionism Still Unconstitutional

July 03, 2019

7/3/19 -- The Supreme Court ruling in Tennessee Wine & Spirits Retailers Association v. Thomas confirms that the U.S. Constitution does not allow states to engage in naked economic protectionism just because the product is alcohol.