Editor’s Note: An interview with Professor Sharkey about the forthcoming paper is available here.
From: New York University Law Review, Vol. 89, 2014/NYU School of Law, Public Law Research Paper No. 14-15
Catherine M. Sharkey,New York University School of Law
Abstract:
From: The London School of Economics and Political Science/Review of Books
In Valuing Life, Cass Sunstein surveys a wide range of practical research and real-life policymaking in his characteristically lucid style, offering a candid and humble account of his administrative tenure in Washington. He performs an invaluable service in revealing how government regulators balance pragmatic concerns of resource scarcity with principled ideals of respect and dignity, writes Mark D. White.
Editor’s Note: The solution to backdoor regulation is the Data Quality Act.
From: Mercatus Center/George Mason University
The traditional method of regulating under the Administrative Procedure Act (APA)—the law that governs regulatory agency rulemaking—requires a notice-and-comment process, where the regulating agency informs the public of its proposed rule, seeks feedback from the public and interested parties, and performs a benefit-cost analysis of the proposed rule. These requirements boost public confidence in the regulatory process and allow regulated businesses to prepare for and understand new rules, which leads to better compliance.
From: The PLS Reporter
Author: Josh Levy
“People don’t know that we actually do have a review process here in Pennsylvania that is unique among the 50 states, and there is no such thing in the federal government,” John Mizner, Esq., chairman of the Independent Regulatory Review Commission, told The PLS Reporter.
“We’re the most important commission in Harrisburg that no one has ever heard of,” Mizner remarked, even though “virtually everybody” is affected in some way by the regulations approved by the commission.
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Editor’s Note: An influential regulatory case to watch is Harkonen v. U.S. Dept. of Justice (No. 13-15197). CRE’s amicus brief is found at http://thecre.com/pdf/20130609_Harkonen_Armicus.pdf.
From: RegBlog/Penn Program on Regulation
A Facebook rapper, a bearded prisoner, and a red grouper fisherman will all figure into a highly anticipated Supreme Court term that includes several cases that may affect the American regulatory landscape.
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Editor’s Note: For more information on OIRA participation in agency rulemaking, please see Proper and Desirable Intervention by the President in Agency Rulemaking.
From: BNA/Bloomberg | Daily Environment Report™
By Ari Natter
The White House Office of Management and Budget takes more than five months on average to review regulations crafted by the Energy Department, making the department’s rules the most delayed of all federal agencies, according to a Bloomberg BNA analysis of agency data.
From: Top1000Funds.com
Introducing a “foreign language shield” into a decision-making process is a proven way of making better decisions, according to Cass Sunstein, the Robert Walmsey University Professor at Harvard Law School.
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“If you’re an adviser, get the cost/benefit figures, the risk/return figures, the algorithms, up and running. It’s a great safeguard,” he said.
The term “foreign language shield” comes from the behavioural finance finding that speaking a foreign language has been shown to turn off the part of the brain that makes quick, intuitive and generally error-prone decisions.
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Editor’s Note: The following article is part of OMB Watch’s ongoing analysis of the centralized regulatory review function in other industrialized countries. For other articles on the subject, see here, here and here.
From: New Zealand Herald
Governments are passing tidal waves of rules with no idea of whether they’re worth it, says Robert MacCulloch.
by Robert MacCulloch
The regulatory state in New Zealand is on the march. The number of regulations made by governments each year from 1985 onward has shot up.
The numbers don’t include local government regulations because nobody has counted them.
Editor’s Note: The following is an excerpt from GAO-15-84.
From: US GAO
By focusing on developing standards for high impact services, OMB recognizes that government leaders have a responsibility to understand customer expectations and service needs, and continually evaluate and improve their effectiveness in meeting those needs. According to OMB officials, two goal leaders and a goal team are responsible for the CAP goal. … While it is too early to assess the effect of the new CAP goal, this new effort does offer an opportunity for OMB to begin to elevate the importance of customer service government-wide and to engage agencies on how to better meet customer needs.
Editor’s Note: For information on harmonizing cyber security regulation through the TTIP process, see here and here.
From: Regulatory Studies Center/George Washington University
CONFERENCE
Please join us on November 19-20 for a day-and-a-half conference on Enhancing the Transatlantic Trade & Innovation Partnership: Reducing Regulatory Barriers, bringing together EU and US policy officials, regulatory experts, and stakeholders to explore challenges to, and opportunities for, greater transatlantic regulatory cooperation.
November 19-20, 2014
