This Article analyzes when and why administrative agencies avoid rulemaking procedural
requirements such as the Administrative Procedure Acts (APA's) notice-and-comment …

How should one regulate in the midst of a financial crisis? This is a fundamental question for
financial regulation, and it is not readily answerable, as the issues implicated are truly …

When forming policy under conditions of extreme uncertainty, the optimal approach seems
to be a process by which the policy decision is divided into multiple stages, or in other …

As the last act of its 2014-2015 Term, the Supreme Court struck down a major EPA
regulation limiting mercury emissions from electrical power plants.'The legal reason was the …

The recent wave of behavioral economics has led some theorists to advocate the possibility
of" libertarian paternalism," in which regulators designing institutions permit significant …

The choice between rules and standards has received lavish attention from legal scholars.
But this choice fails to capture how the law actually works. On the ground, legal regimes use …

The executive branch, not the courts, enforces executive orders directed at federal agencies.
But this simple, true statement obscures the more complicated relationship between …

Designing a regulatory response to climate change is one of the defining challenges of our
era. In an attempt to address it, the Securities and Exchange Commission (SEC) has …

A core failing of today's administrative state and modem administrative law scholarship is the
lack of imagination as to how agencies should operate. On the conventional telling, public …

Corporate arrangements' in the United States are governed by two bodies of law with very
different natures. Most corporate arrangements are governed by state corporation laws, 2 …