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Teleforum Preview: Regulatory Crimes: Clay v. U.S. Oral Argument by John J. Park, Jr.

Why Trump can’t undo the regulatory state so easily

Timothy Courtney February 09, 2017
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Rachel Augustine Potter writes for the Brookings Institution:

Regulatory politics, not usually the stuff of headlines, is suddenly above-the-fold news. In his first week, President Trump laid out an ambitious anti-regulatory goal of eliminating “75%–maybe more” of existing regulation. Last week he followed up on that pledge, signing an executive order adopting a “2 for 1” policy for new regulations and issuing another order to consider rolling back Dodd-Frank regulations.[1]

However, despite this flurry of activity, it’s too soon to conclude that the regulatory state as we know it is in retreat.

Read the full article from Brookings. 

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Teleforum Preview: Regulatory Crimes: Clay v. U.S. Oral Argument by John J. Park, Jr.

10 Controversial Fixes to the Regulatory State

Daniel Epstein November 15, 2016
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Whether legitimacy, democracy, accountability, non-partisanship, or separation of powers motivates the sentiment, there are a number of ways, albeit controversial, to reform the federal regulatory state:

(1) Codify the principle in McGrain v. Daugherty (1927) as it applies to regulatory decision-making, forcing agencies to publish jurisdictional statements in the federal register prior to beginning investigations or enforcement actions. This would have avoided many of the due process issues at the center of the LabMD case. [Read More]

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New York City Skyline
Photo Credit: Photo by Lesekreis via Wikimedia Commons. (link)

"The beautiful neighborhoods we could never build again"

Christina Sandefur August 11, 2016
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To commemorate the 100-year anniversary of the nation’s first zoning code, the New York Times featured this fascinating infographic illustrating which buildings in Manhattan couldn’t be built again today because of the Big Apple’s zoning restrictions (spoiler alert: nearly 40 percent wouldn’t make the cut). The reasons range from being too tall, to having too many apartments or businesses.

Cities should focus their zoning efforts on enforcing legitimate rules against nuisance instead of passing broad restrictions that impose bureaucrats’ preferred aesthetic and social values and violate the rights of property owners. [Read More]