A Historical Note on Centralized Regulatory Review for the Trump Administration: Nixon, Carter, Reagan, and Clinton

Editor’s Note: Cross-posted from OIRA Watch.

Decisions made in each of the aforementioned Administrations were a defining moment which shaped the breadth and depth of centralized regulatory review by the White House Office  of Management and Budget, the most significant institutional feature of the regulatory state.

Academicians are basically of two schools of thought, one believing that Presidential involvement in the regulatory process should be limited to oversight of the process but not control of the process and the other believing the President should  exercise both functions.

Unraveling Obama-Era Regulations on Day One with the Congressional Review Act

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Josh Blackman

Over the past two weeks, I have been asked more times than I can count how the Trump Administration can unravel the Obama Administration’s policies. My answer usually falls into one of three categories.

Oversight of the US executive: The Congressional experience and its lessons for the EU

From: European Parliamentary Research Service | In-Depth Analysis

Author: Cornelia Klugman

This analysis presents the results of original research done on the US’s system of oversight. It is based in particular on a series of 44 interviews with policy practitioners, including members of Congress, assistants to members of both houses of Congress, as well as persons working in the Congressional support agencies, the US Administration, think-tanks and academia.


Analyzing the Effectiveness of State Regulatory Review

Editor’s Note: An online publication edition of the complete study is available here.

From: Public Finance Review July 2016 vol. 44 no. 4 446-477

  1. Russell S. Sobel1
  2. John A. Dove2
  1. 1School of Business Administration, The Citadel, Charleston, SC, USA
  2. 2Manuel H. Johnson Center for Political Economy, Troy University, Troy, AL, USA

A (Long) Path to Reforming Our Administrative State

From: Library of Law & Liberty

by Adam White

Coherence in the Executive

Brian Mannix counsels wisely that the modern executive requires not just “energy” (per Hamilton) but also “coherence”—to wit, “an administrative consistency, not just across time and place, but also across hundreds of regulatory programs busily pursuing inconsistent aims.” I could not possible agree more; indeed, that was one of the reasons why my first essay argues in favor of bulking up the Office of Information and Regulatory Affairs and subjecting “independent agencies” to OIRA review. OIRA ensures not just that an agency’s rules pass cost-benefit muster, but also that an agency’s rules are scrutinized by (and responsive to) the concerns of other agencies. If an administration is to have coherence, then OIRA will be indispensable.

Red Tape on the Upswing

From: RegBlog | Penn Program on Regulation

How much do federal regulations cost? That question has been debated for decades. The truth is that nobody knows for sure. But we do know the cost is very high—and new rules are being added to the pile at a disturbing rate. According to figures we have compiled, 43 major regulations—imposing more than $100 billion in new, annually recurring regulatory costs—were adopted during the past seven years of Barack Obama’s presidency.


The Checks & Balances of the Regulatory State

From: Real Clear Policy

By Paul R. Verkuil

The regulatory state is deeply misunderstood. No one denies the importance of federal agencies in formulating the rules that shape the modern economy and civil society. But the regulatory state is not, as its critics maintain, an illegitimate “Fourth Branch” of government, operating on its own. It is, instead, a vital function of government, which is part of the executive branch (though not within the White House), and is subject to numerous constitutional checks and balances.


How Private Food Safety Standards Restrict Access to Markets (and the Desirability of Doing So)

Editor’s Note: To understand the regulatory role of private standards, see An Updated Look at the Federal Policies Governing How Agencies Use Voluntary Consensus Standards in Regulatory, Procurement, and Science Documents.

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Sam Halabi

How Should “Administrative Law” Be Taught Today?

Editor’s Note: For more information on the future of legal education, see CRE’s letter to the American Association of Law Schools, Professor Farber’s LegalPlanet blog post, and CRE’s letter to the American Bar Association’s Standards and Accreditation Committee.

From: Federalist Society

Administrative Law & Regulation Practice Group Teleforum
Start : Wednesday, October 12, 2016 12:00 PM
End : Wednesday, October 12, 2016 01:00 PM
Location: Federalist Society Teleforum Conference Call

Featured Speakers:
Daniel Farber
Kristin Hickman
Jim Tozzi
Adam J. White

Dynamic Analysis, Welfare, and Implications for Tax Reform

From: The White House

Jason Furman, Chairman, Council of Economic Advisers

National Bureau of Economic Research Tax Policy and the Economy Conference

Washington, DC | September 22, 2016