Cary Coglianese

Politics, Prosecutors, and Procedural Fairness | The Regulatory Review President Trump contravenes fundamental fairness by exerting political pressure over prosecutors.

Berger v. United States (1934): “The United States Attorney is the representative…of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all.” www.theregreview.org/2020/06/29/c...

Cary Coglianese on regulatory excellence International expert Professor Cary Coglianese shares practical insights on how integrity, engagement and performance can shape better regulation.

Prof. Cary Coglianese (@cary-coglianese.bsky.social) shared insights on regulatory excellence with leaders from 18 Australian regulators, highlighting integrity, competence, and engagement as central to building public trust. Watch his interview & slides: https://penncareylaw.news/3IcrQbG

The Conflicted Role of Auditors in Carbon Markets - Kleinman Center for Energy Policy Energy policy research from the University of Pennsylvania

PODCAST: Auditors promise integrity in carbon markets. New research suggests the reality is far more complicated. On Energy Policy Now, Cynthia Giles and Cary Coglianese explain why.

Equal Protection Fight Looms Over EEOC’s Transgender Bias Shift The Trump EEOC’s retreat from transgender discrimination enforcement has set up an impending legal showdown over whether the agency is violating the constitutional rights of workers it’s tasked with p...

Professor Cary Coglianese (@cary-coglianese.bsky.social) speaks with @bloomberglaw.com about a lawsuit recently filed in Maryland federal court by FreeState Justice that accuses the federal government of depriving transgender workers of protections and processes afforded to cisgender workers.

Screenshot of the first paragraphs of first editorial in regulation & governance Regulation and governance have become popular phenomena for social scientists to study and for good reason. Although redistributive, distributive and developmental policies still abound, the expanding part of governance is regulation. Indeed, few projects are more central to the social sciences than the study of regulation and regulatory governance. Regulation and the significant issues raised by it have become central to the work of social scientists from many disciplines – political science, economics, law, sociology, psychology, anthropology, history and others. Furthermore, the strong interest of other professional and scholarly communities, such as physicians, nutritionists, biologists, ecologists, geologists, pharmacists and chemists, makes regulatory issues even more central to scientists and practitioners who are perplexed by the demands for better, fairer, more efficient, and more participatory systems of governance. We have established this journal to serve the needs of these varied professional and scholarly communities. We aim to provide a leading interdisciplinary platform for the study of regulation and its implications for governance. We seek to bridge and solidify discussions among a variety of relevant disciplines, serving the development of core theoretical and empirical insights in the study of regulation. In this editorial introduction, we introduce the new journal first by offering an avowedly brief history of how interest in regulation has grown across the social science disciplines in the course of the last century. We then argue that the most recent buildup of that wave of research interest has coincided with a shift in political studies from an interest in government to governance. Finally, we distinguish regulation from governance and set out broadly, yet clearly, the intellectual agenda and vision for Regulation & Governance.

As we approach our 20th anniversary, we look back at an early contribution to Regulation & Governance, including this first editorial by the John Braithwaite, Cary Coglianese & David Levi-Faur that asked:

'Can regulation and governance make a difference?'

onlinelibrary.wiley.com/doi/10.1111/...

To the laws mentioned in the op-ed— the APA and Evidence Act—might be added the Information Quality Act which aims at “ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies.”

Important warning here about government “looking away from its responsibility to produce and validate evidence in favor of a return to policymaking through instinct, hunch and preference.”

Judicial Remedies After CASA | The Regulatory Review After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain. Warren Center faculty affiliate Cary Coglianese writes about "Judicial Remedies After CASA." www.theregreview.org/2025/08/11/c...

In a recent essay, Cary Coglianese of Penn Carey Law contends that effective regulation demands ongoing vigilance and responsiveness rather than reliance on written codes alone. www.theregreview.org/2025/08/19/m...

Judicial Remedies After CASA | The Regulatory Review After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

In an op-ed for The Regulatory Review, coauthored by Matthew Lee Wiener, Professor Cary Coglianese examines the Supreme Court’s decision in Trump v CASA eliminating nationwide injunctions, and he explores the legal questions and pathways that remain for litigants challenging national policies.

In a recent essay, Cary Coglianese of the University of Pennsylvania Carey Law School argues that regulation must be understood as a verb—an ongoing process of vigilance and adaptation—rather than a static set of written rules. www.theregreview.org/2025/08/19/m...

In this interview with the ANZSOG, Warren Center affiliate Cary Coglianese discusses challenges ahead for regulators, the threats and opportunities of AI, building/maintaining trust, and the value of bringing regulators from different sectors together. anzsog.edu.au/news/h...

Coglianese, Cary and Giles, Cynthia, Third-Party Auditing Cannot Guarantee Carbon Offset Credibility (June 15, 2025). U of Penn Law School, Public Law Research Paper No. 25-28, Available at SSRN: ssrn.com/abstract=534... or dx.doi.org/10.2139/ssrn...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Loper Bright's Disingenuity," by @cary-coglianese.bsky.social and @dfroomkin.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

Judicial Remedies After CASA | The Regulatory Review After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

As The Regulatory Review wraps up its series on the Supreme Court’s latest term, my colleague, Matt Wiener, and I analyze one of the most significant decisions of the year: Trump v. CASA, which closed the door on federal courts’ use of national injunctions. www.theregreview.org/2025/08/11/c...

𝘕𝘦𝘸: “𝐎𝐧 𝐭𝐡𝐞 𝐍𝐞𝐞𝐝 𝐟𝐨𝐫 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐨𝐫𝐬.” Explores the need for digital regulators in two senses: Regulators "of" digital technologies, and regulators in all domains that work "with" the aid of digital technologies. Also, note the plural: "regulators." papers.ssrn.com/sol3/papers....

Rethinking Carbon Offset Audits Penn Carey Law’s Cary Coglianese co-authors Science editorial exposing systemic flaws in offset verification.

In a new editorial published in Science, Warren Center faculty affiliate Cary Coglianese and co-author Cynthia Giles raise critical concerns about the ability of third-party auditing to restore the credibility of carbon offset markets. www.law.upenn.edu/li...

𝘕𝘦𝘸: 𝐄𝐔 𝐀𝐈 𝐀𝐜𝐭'𝐬 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐧 𝐏𝐮𝐛𝐥𝐢𝐜 𝐒𝐞𝐜𝐭𝐨𝐫 𝐔𝐬𝐞 𝐨𝐟 𝐀𝐈 “Will AI systems take over governmental decision-making from elected officials? ... Will people in the future live under the rule of robotic overlords?” Questions from my foreword to a new book on the EU AI Act. papers.ssrn.com/sol3/papers....

Loper Bright Enterprises One Year Later: The Practical Impact on Business, Consumers, and Federal Agencies | Blogs | Insights | Ballard Spahr

This is an excellent interview with my coauthor @cary-coglianese.bsky.social, where he talks among other things about our new paper on Loper Bright. Cary explains very clearly why we question the Court's claim to have overruled Chevron.

Our paper is posted here: papers.ssrn.com/abstract=537...

All agencies need a degree of autonomy to operate in a manner that advances public welfare--and autonomy matters crucially for those agencies whose mission is to gather evidence and report data, whether or not those agencies are formally independent as a legal matter. papers.ssrn.com/sol3/papers....

Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason.

papers.ssrn.com/abstract=537...

Professor @cary-coglianese.bsky.social’s essay in Science draws on a recent report he coauthored with Cynthia Giles, entitled “Third-Party Auditing Cannot Guarantee Carbon Offset Credibility,” which is available online in the Penn Carey Law SSRN working paper series. papers.ssrn.com/sol3/papers....

Here’s the accompanying report, “Third-Party Auditing Cannot Guarantee Carbon Offset Credibility,” from a project in collaboration with Cynthia Giles: papers.ssrn.com/sol3/papers....

Auditors can’t save carbon offsets The theory behind carbon offset projects is appealing: Instead of an organization cutting its own emissions, it can fund lower-cost carbon-reducing projects elsewhere to “offset” its emissions. The re...

New report on climate offset integrity, accompanying an editorial in Science: “Auditing’s weaknesses are too often ignored when advocates of more expansive offset markets tout auditors as a guarantor of credit integrity.” www.science.org/doi/10.1126/...

This huge loss is hard to fathom because David Gergen always seemed larger than life—whether on television or in person.

His many years of public service and leadership—across party lines, too—leave a remarkable legacy.

Deep condolences to his family.

Police in Maine apologize for AI-altered photo of seized drugs - The Boston Globe "It was never our intent to alter the image of the evidence," police in Westbrook said.

“The likelihood of deepfakes in the courtrooms is only increasing with each passing day,” says Warren Center faculty affiliate Cary Coglianese. “This is definitely a serious concern.” www.bostonglobe.com/...

Auditors can’t save carbon offsets The theory behind carbon offset projects is appealing: Instead of an organization cutting its own emissions, it can fund lower-cost carbon-reducing projects elsewhere to “offset” its emissions. The re...

Offsets: "Given the high planetary stakes in carbon policy choices being made now, it is past time to recognize that third-party auditors selected and paid by the audited organizations are not the bulwark for credit integrity they are claimed to be." @cary-coglianese.bsky.social and Cynthia Giles.

New paper: “On Leashing (and Unleashing) AI Innovation,” w/ Colton Crum. We propose an alternative way of conceiving of AI regulation that allows innovation to flourish while still, importantly, assuring it remains under attentive human oversight. We call it regulating by “leashes.” bit.ly/46rsI5C

From the ArtificialInteligence community on Reddit Explore this post and more from the ArtificialInteligence community

Legal scholar Dr. Cary Coglianese and PhD candidate Colton Crum invite you to join an AMA happening TOMORROW on their new study published in Risk Analysis about the future of AI regulation: are "leashes" or "guard rails" better?

Jump in the thread here: www.reddit.com/r/Artificial...

From the ArtificialInteligence community on Reddit Explore this post and more from the ArtificialInteligence community

Join Prof. @cary-coglianese.bsky.social and coauthor @coltonrcrum.bsky.social as they discuss their new article titled, "Leashes, Not Guardrails", in Risk Analysis.

Questions will be answered throughout the day on July 3rd.

Reddit 🔗: penncareylaw.news/3I7frVO
Article 📄: penncareylaw.news/4kmnrQ5