Regulation By Adjudication
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Commentary by Roger Nober
March 20, 2024
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One of the significant undecided cases of this Supreme Court Term is Loper Bright Enterprises v. Raimondo: the challenge to the longstanding Chevron deference doctrine. The discourse about the impact of overturning or maintaining the Chevron doctrine can be extreme. Proponents of overturning Chevron hope it will be a long overdue constraint on regulatory activism, while advocates of maintaining Chevron contend it will preserve necessary regulatory flexibility. If the Supreme Court does limit or overturn Chevron neither prediction is likely to come true. Instead, we will likely see the next phase of regulation, regulation by adjudication, where even if the Supreme Court overturns or substantially limits Chevron, agencies will adapt by making new regulatory policy by building on their authority and expertise in the adjudicatory area.
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Regulation By Enforcement Series: Blockchain and Crypto
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12pm to 6:30pm
Wednesday, June 5, 2024
Join the Regulatory Studies Center at the GW Law School for a learning lunch and high-level forum on the challenges of regulation-by-enforcement as applied to cryptocurrency markets. Panel discussions will explore the potential for legislation and rulemaking on these technologies. The event will feature a keynote address by SEC Commissioner Hester Peirce, followed by a networking reception. More details and registration link coming soon.
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March 11, 2024
Commentary by Steve Balla
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A new legislative proposal aims to implement recommendations of the Administrative Conference of the United States to better handle mass campaigns and computer-generated inputs in the public commenting process.
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March 4, 2024
Commentary by Dylan Desjardins
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With no clear mandate on crypto regulation from Congress or the public, and general Congressional gridlock, determining appropriate crypto regulation has so far fallen mostly to executive branch agencies.
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February 21, 2024
Working paper by Donald Kenkel et al.
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The Food and Drug Administration has proposed to prohibit menthol cigarettes, which are smoked by almost 19 million people in the U.S. Illegal markets for menthol cigarettes could not only blunt the prohibition’s intended consequence to reduce smoking but could also lead to unintended consequences. We use data from a discrete choice experiment to estimate a mixed logit model which predicts that the prohibition of menthol cigarettes would substantially increase the fraction of menthol smokers who attempt to quit. However, our model also predicts a substantial potential consumer demand for illegal menthol cigarettes.
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| February 13, 2024
Insight by Sarah Hay
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The Congressional Review Act (CRA) is an important regulatory oversight mechanism for Congress, most notably establishing procedures for overturning final rules issued by federal agencies. This insight first discusses how the CRA works and common misconceptions about the law. Expanding on Regulatory Studies Center research, this piece offers visualizations showing how Congress has used the CRA since its passage in 1996 and how Congress is using the CRA today.
Read More > | Listen to Podcast >
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| January 29, 2024
Commentary by Richard J. Pierce
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“It is emphatically the province and duty of the judicial department to say what the law is.” This quotation from the U.S. Supreme Court’s famous 1803 opinion in Marbury v. Madison has been recited thousands of times. Most of the time, however, it is taken out of context and cited to support a proposition that it cannot support. For instance, it is currently being used as one of the main arguments in support of the effort to overturn the Chevron doctrine that the Supreme Court is re-considering in Loper Bright Enterprises v. Raimondo.
Read More >
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Event Summaries Now Online |
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Support Us on GW Giving Day: April 3-4
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Expand your impact with a matched gift to the
Jerry Ellig Memorial Fund
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With the passing of Jerry Ellig in 2021, the fields of regulatory studies and economics lost a thought leader and a powerful and compassionate advocate for effective policy supported by analysis and evidence.
Please consider a gift to the Ellig Memorial Fund, our initiative to honor Jerry’s legacy and support applied policy scholarship. GW Giving Day, April 3-4, will feature a gift matching opportunity to expand your impact. Jerry's widow, Sandy Chiong, and daughter, Kat Ellig, will generously match $100 per donor for the next 50 donors to the Ellig Memorial Fund.
The fund supports our convening of senior and junior researchers in academia and government to share and discuss applied research on regulatory policy and practice.
Your support is key to our ability to continue improving regulatory policy through research, education, and outreach.
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Media & External Engagement
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Senior Scholar Susan Dudley quoted in E&E News, Murky Deadline Looms for Biden’s Regs (March 21, 2024).
Our experts at the SBCA 2024 Annual Conference, March 18-19:
- Senior Policy Analyst Mark Febrizio served on the panel, "Recent Developments in U.S. Regulations: Benefits, Costs, and Other Implications." Mark also presented research on "Do Agencies Consider Distribution and Equity in their Rules?"
- Co-director Christopher Carrigan and Visiting Scholar Mary Sullivan presented on a panel titled "The Benefits and Costs of OIRA Review."
RSC Co-directors Steve Balla and Christopher Carrigan presented research at the DC Public Management Consortium conference held March 8 at the Foggy Bottom campus. Balla presented a paper co-authored with Senior Policy Analyst Zoey Xie, "Notice the Comment?: Chinese Government Responsiveness to Public Participation in the Policymaking Process." Carrigan presented a paper co-authored with Zoey Xie, "Examining the Lifecycle of a Rule under Competing Oversight."
Trachtenberg PhD student Stone Washington presented to legislators and staffers at the U.S. Capitol for a March 5 briefing hosted by the Competitive Enterprise Institute: "The Case for Administrative Law Court Reform."
RSC Co-director Steve Balla recently joined New Hampshire Public Radio's Civics 101 Podcast for an update of a previous episode they recorded on 'How Can The Government Ban TikTok?' (March 2024)
Susan Dudley quoted in E&E News: A Major EPA Climate Rule is Stuck in Limbo (February 22, 2024).
Op-ed by RSC scholar and GW Law professor Richard Pierce in Bloomberg Law: Major Questions Doctrine Hands Power to Judges After Chevron (February 21, 2024).
NBC News spoke to Aram Gavoor, associate dean for academic affairs in the Law School, about the special counsel’s report in President Biden’s classified documents case (February 13, 2024).
Op-ed by RSC scholar Howard Beales in Colorado Politics: Colorado Consumers Lose Without Out-of-State Banks (February 6, 2024).
Bloomberg Law: Norm AI launches innovative startup with RSC founder Susan Dudley on advisory board (January 23, 2024).
Wall Street Journal published a letter by RSC scholar Brian Mannix: The Rush to Regulate AI: We’ve Been Here Before (January 2, 2024).
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| Listen to our podcast for insights on regulatory trends. Recent discussions have explored the Congressional Review Act, electric vehicle mandates, OMB's Draft Circular A-4, effective public engagement strategies for federal agencies, and more.
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