Revisiting the Constitutionality of Independent Agencies
WEBJul 21, 2020 · The Court—with Chief Justice John Roberts writing for the majority— cited to great effect the CFPB’s single-headed agency structure, the director’s five-year term, and the CFPB’s financial independence and litigating authority as establishing a center of power controlled by one person. This structure, the Court explained, allowed the ...
The Social Responsibility of Social Media Platforms
WEBDec 21, 2021 · The wide discretion that platforms possess over content moderation can be dangerous, Brown warns. Social media platforms often put greater weight on generating profits than on protecting users from destructive speech. This is why, Brown explains, greater regulatory oversight is needed to prompt change within the industry.
Deregulation, Reagan-Style - The Regulatory Review
WEBMar 13, 2019 · This bipartisan movement succeeded in federal deregulation of certain industries, including, for example, the prices and schedules of commercial airlines, even while tolerating social regulation, especially when it was aimed at reducing broad social harms. The momentum generated in the late 1970s carried over into the Reagan Administration ...
The Problem of Political Ignorance | The Regulatory Review
WEBFeb 3, 2014 · Political ignorance is a ubiquitous and persistent problem in modern democracy. It strengthens the case for limiting and decentralizing political power, and for judicial review. Much evidence shows that the public is ignorant about many aspects of government and public policy. Despite years of debate over the …
A New Era for Regulatory Review
WEBFeb 16, 2021 · A A. President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process. On January 20, just hours after being sworn into office, President Joe Biden signed a presidential memorandum on modernizing regulatory review. This document embraces continuity on important components of the administrative ...
How Government Can Root Out Regulatory Capture
WEBJun 15, 2016 · First, agency capture is a real phenomenon and a threat to the integrity of government. Second, the enormous stakes involved for regulated entities create an incentive to gain influence over regulators. Third, most regulated entities have organizational and resource advantages in the regulatory process, as compared to public interest groups ...
First Principles for Interpreting Regulation | The Regulatory Review
WEBFeb 11, 2013 · The distinctive legal characteristics of these regulations suggest two key principles for their interpretation. Principle 1: Interpret the regulation’s text in light of the regulation’s statement of basis and purpose (often referred to as the regulation’s “preamble”). Except in special circumstances, the Administrative Procedure Act ...
Guns Do Kill People - The Regulatory Review
WEBNov 5, 2018 · “Guns don’t kill people, people kill people” is a well-known slogan used by the National Rifle Association and other pro-gun activists to make the case for their deregulation agenda. This view suggests that the weapon type does not matter, as an assailant who is determined to kill will do whatever is necessary to accomplish that purpose. Whether the victim lives or dies is viewed as a ...
Forty Years After Surface Freight Deregulation
WEBDec 14, 2020 · After 1980, the actual results of surface freight deregulation exceeded economists’ expectations. Between 1981 and 1996, real rail revenue per ton-mile fell by nearly 50 percent. At least one-third of this rate reduction can be attributed to the Staggers Act. Deregulated rates saved shippers up to $7 billion annually in 1987.
Preventing Police Use of Excessive Force | The Regulatory Review
WEBJun 13, 2020 · Hannah Pugh, Brianna Rauenzahn, Jasmine Wang, Jamison Chung, Peter Jacobs, and Aaron Kaufman. Leading experts propose changes to use of force regulation to eradicate police brutality. George Floyd, an unarmed African American man, died after a white police officer kneeled on his neck for nearly …