by William G. Resh As President Barack Obama ends the final Congress of his presidency facing majority opposition in both chambers of the legislature and ostensibly an opposing ideological majority in the Supreme Court, the…
In nearly every area of regulatory law, U.S. agencies today base their regulations in part on international considerations, such as the benefits of harmonizing U.S. and foreign standards or the foreign policy advantages of a…
by Connor Raso. Original source: JREG Notice and Comment blog The ABA’s Section of Administrative Law and Regulatory Practice recently approved a report and resolution on improving the APA’s rulemaking provisions. The Section believes that while…
While Italy struggles to introduce “right to know” data act along the lines of similar laws in Anglo-Saxon countries, a bill aimed at speeding and broadening the disclosure of information under the Freedom of Information…
Research note by Cary Coglianese on the article Agency Avoidance of Rulemaking Procedures, by Connor Raso. Original source: Jotwell blog It is puzzling. Administrative agencies continue to produce thousands of rules each year in the…
by Jim Tozzi. Original source: RegBlog The White House Office of Management and Budget (OMB) proposed the first regulatory budget proposal and regulatory cost accounting legislation in 1979. Subsequently, a number of Presidents and members…
In his last State of the Union address, President of the United States Barack Obama emphasized the fight to red tape as one of the most urgent priorities of its administration spurring debate among experts…
Reseach note by Oren Bar-Gill and Cass Sunstein based on the article Regulation as Delegation, Journal of Legal Analysis In diverse areas – from retirement savings, to consumer credit, to prescription drug use, to fuel economy and…
by Jeff Weiss. Original source: Notice & Comment – A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice As the Obama Administration moves into the final stretch of establishing a…
by Eric Schlabs. Original source: www.regblog.org Congress often delegates legislative power to the executive branch, giving regulatory agencies like the U.S. Environmental Protection Agency or the Department of Homeland Security broad discretion in carrying out laws.…