The study of the politics of regulation has followed two distinct paths in recent years.“New
institutionalism” research has focused primarily on the policy-making process, particularly …

Rulemaking is a critical part of American government and governance. This article reviews
the political underpinnings of modern rulemaking. Specifically, it highlights the process and …

This Article examines a recent and dramatic transformation in the relationship between the
President (and his staff) and the administrative state. Professor Kagan argues that President …

In this Article, Professors Dorf and Sabel identif a new form of government, democratic
experimentalism, in which power is decentralized to enable citizens and other actors to …

Who determines the fuel standards for our cars? What about whether Plan B, the morning-
after pill, is sold at the local pharmacy? Many people assume such important and …

From the birth of the administrative state, we have struggled to describe our regulatory
government as the legitimate child of a constitutional democracy. That is, we have sought to …

Countries that now contemplate constitutional reform often grapple with the question of
whether to constitutionalize social rights. This book presents an argument for why, under the …

In 2018, IBM published a white paper touting artificial intelligence (AI) as a way to" reinvent []
the business of government."'With IBM's help, the paper proclaimed, governments will …

Current conceptions of" arbitrary and capricious" review focus on whether agencies have
adequately explained their decisions in statutory, factual, scientific, or otherwise technocratic …

An administrative agency delegated some task-protect the environment, assure the integrity
of the securities markets, improve auto safety-might carry out that obligation by adopting a …