Archive for December, 2016
From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
by Emily Bremer
Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations included in the Report.
by Neomi Rao
The gap between textbook administrative law and actual practice exists in many areas, but perhaps nowhere more so than with respect to the so-called independent agencies. In theory, such agencies operate “independent” of the control and direction of the President. In practice, the White House has myriad mechanisms to oversee and even to control these agencies. One practical area in which the separation remains is regulatory review—no President has extended direct regulatory oversight to independent agencies.
From: The Wall Street Journal
The Reagan White House met this challenge by setting up a special task force to run regulatory policy for the first months of 1981. It was led by then-Vice President George H.W. Bush, with a big assist from his general counsel Boyden Gray. Key staff included such policy legends as Jim Miller, who later ran the Federal Trade Commission (FTC) and White House budget office; Frank Blake, who would go on to run Home Depot, Jim Tozzi, who would become the ranking career official in the White House regulatory shop; Tim Muris, who ran the FTC under George W. Bush; and Jeffrey Eisenach, now with the American Enterprise Institute.