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Agency Self-Insulation Under Presidential Review
Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of suchExpand
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How Do Changes in Welfare Law Affect Domestic Violence? An Analysis of Connecticut Towns, 1990–2000
The 1996 Personal Responsibility and Work Opportunity Reconciliation Act transformed welfare from an ongoing cash assistance program by restricting participation through time limits and emphasizingExpand
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Regulating the Rulemakers: A Proposal for Deliberative Cost-Benefit Analysis
Modern risks are increasingly complex. Experts provide sober insights into the consequences of our regulatory choices. But these same risks also breed greater uncertainties and, thus, harderExpand
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Privatizing Democracy: Promoting Election Integrity through Procurement Contracts
Voting machine failures continue to plague American elections. These failures give rise to legitimacy externalities and reflect resource disparities across election jurisdictions that pose persistentExpand
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Strategic Rulemaking Disclosure
Congressional enactments and executive orders instruct agencies to publish their anticipated rules in what is known as the Unified Agenda. The Agenda’s stated purpose is to ensure that politicalExpand
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1 3-2019 Regulatory Bundling
Regulatory bundling is the aggregation or disaggregation of legislative rules by administrative agencies. Agencies, in other words, can bundle what would otherwise be multiple rules into just oneExpand
Appendix to 'The Marginal Revenue Rule in Cost-Benefit Analysis'
This document is an appendix to "The Marginal Revenue Rule in Cost-Benefit Analysis," Tax Notes (Sept. 10, 2018). In that publication, we proposed a method of performing cost-benefit analysis of taxExpand
Designing Regulatory Experiments
INTRODUCTION 1 I. REGULATORY EVALUATION 5 A. Ex Post versus Ex Ante 5 B. Retrospective Cost-Benefit Analysis 7 II. TESTABLE REGULATIONS 10 A. Reversibility 11 1. Sunsets (and Sunrises) 12 2.Expand
Regulation as Ratification
Dismissing Decisional Independence Suits
Administrative adjudication is poised for avulsive change. The Supreme Court recently pronounced some administrative law judges (ALJs) constitutional officers that must be appointed by the President,Expand