The Regulatory Review

"It appears that OSC has done virtually nothing to protect federal employees harmed by Trump policies nor taken meaningful action in response to this Administration’s lawbreaking," Hampton Dellinger, former head of the U.S. Office of Special Counsel, argues. www.theregreview.org/2026/03/09/d...

In this week’s Saturday Seminar, scholars debate how securities law should police “AI washing,” strengthen AI-related risk disclosures, and calibrate enforcement and guidance to protect investors without chilling innovation. www.theregreview.org/2026/03/07/s...

"Eliminating independence at the U.S. Consumer Product Safety Commission (CPSC) has condemned scores of Americans to death," Richard L. Trumka, former CPSC Commissioner, argues in a recent essay. www.theregreview.org/2026/03/05/t...

In a recent article, Gwynne A. Wilcox argues that attacks on NLRB independence paralyze worker protections and calls for maintaining Congress’s limits on presidential removal. www.theregreview.org/2026/03/04/w...

Political removals crippled the NLRB’s quorum and weakened labor adjudication, so courts should preserve Humphrey’s Executor-style protections for Board members, argues Gwynne A. Wilcox. www.theregreview.org/2026/03/04/w...

"Reasonable minds can differ on what we expect from our government, but no reasonable minds expect it to turn a blind eye to human suffering and deaths that it could easily prevent," Richard Trumka, former Commissioner of the U.S. Consumer Product Safety Commission, argues. buff.ly/sC4oyDy

In a recent essay, Gwynne A. Wilcox, formerly of the National Labor Relations Board, argues that stripping NLRB members of for-cause removal protection destabilizes labor law enforcement and calls for preserving the Board’s statutory independence.
www.theregreview.org/2026/03/04/w...

In this week’s Saturday Seminar, scholars debate how expanded ICE enforcement reshapes the balance of federal, state, and local authority over immigration, criminal process, and the legal boundaries of cooperation and resistance. www.theregreview.org/2026/02/28/s...

In a recent essay, Michael King of Charles Sturt University argues that IRS cuts are crippling cross-border financial crime enforcement and calls for fully funding IRS Criminal Investigation and its J5 work. www.theregreview.org/2026/02/25/k...

"We should applaud banks and others that incorporate projections of climate damages into risk assessments and policymaking, but a broader pool of projections should be referenced instead of a single study," some scholars argue. www.theregreview.org/2026/02/23/h...

In this week’s Saturday Seminar, scholars debate worker misclassification under the FLSA, gig-work “third category” proposals versus stronger employee protections, and reforms to expand wage-and-hour and collective-action rights. www.theregreview.org/2026/02/21/s...

EPA’s Problematic Case for Rescinding Its Endangerment Finding | The Regulatory Review EPA’s decision to retreat from regulating greenhouse gas emissions runs contrary to law.

Last week, the EPA overturned its 2009 finding that vehicle greenhouse gases endanger public health. Daniel Farber of UC Berkeley Law contends that this position is hard to square with Massachusetts v. EPA, which held that the EPA can regulate GHGs as “air pollutants.”

"Smart AI regulation may require a rewiring of our regulatory processes and institutions, not only to facilitate but also to embrace with humility the constant need to observe, learn, and adjust," some scholars argue. www.theregreview.org/2026/02/16/m...

In this week’s Saturday Seminar, scholars debate how institutional landlords affect home prices, rents, tenant outcomes, and whether regulation should focus on limiting investor purchases, strengthening tenant protections, or targeting local market concentration. www.theregreview.org/2026/02/14/s...

Unbalanced federal drug scheduling is harming research and therapeutic access, so courts, Congress, or presidential action should re-center HHS’s medical judgments, argues Mason Marks of Florida State University College of Law. www.theregreview.org/2026/02/11/l...

Ensuring fairness in algorithmic decision-making will require combining traditional anti-discrimination protections with broader regulatory systems for overseeing algorithms, one scholar argues. www.theregreview.org/2026/02/12/h...

DEA-dominant scheduling can sideline science and public health, so HHS and DEA should formalize role boundaries in an interagency agreement, argues Mason Marks of Florida State University College of Law. www.theregreview.org/2026/02/11/l...

In a recent article, Mason Marks of Florida State University College of Law argues that DEA has drifted beyond Congress’s intended scheduling role and calls for Congress to clarify the Controlled Substances Act to restore HHS’s scientific authority. www.theregreview.org/2026/02/11/l...

In this week’s Saturday Seminar, scholars debate geofence warrants’ constitutionality, privacy risks, and whether courts or legislatures should curb law enforcement access to location-history data. www.theregreview.org/2026/02/07/s...

In a new series, regulatory scholars assess the Trump Administration EPA’s decision to stop monetizing certain ozone and particulate-matter health harms in its deregulatory analyses, debating what that shift means for benefit-cost analysis and “smart” regulation. www.theregreview.org/2026/02/04/v...

"Forward-looking antitrust enforcement is key to powering America’s growth and keeping electricity affordable for Americans," Abigail Slater, Assistant Attorney General for the Antitrust Division at the DOJ, argues in a recent essay.

In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that hard-look review worsens polarization by making agencies less responsive to voters and calls for a reset to more deferential arbitrariness review. www.theregreview.org/2026/01/28/c...

Hard-look review lets judges veto election-driven policy changes, so the Court should overrule State Farm and defer more to agencies’ policy shifts, argues Eric R. Claeys of the George Mason University Antonin Scalia Law School. www.theregreview.org/2026/01/28/c...

In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that State Farm hard-look review untethers APA review from the statute’s text and calls for overruling it. www.theregreview.org/2026/01/28/c...

Absent a strong requirement that major policy shifts be justified with reasoned explanation, polarized administrations will predictably dismantle one another’s policies, producing chronic legal instability, Professor Richard J. Pierce of George Washington University argues. buff.ly/nJigQ9g

In this week’s Saturday Seminar, scholars debate whether the NextGen UBE and supervised-practice pathways can better measure lawyer competence—and who gets to enter the profession—than the traditional bar exam. www.theregreview.org/2026/01/24/s...

In a recent article, @shelley-w.bsky.social and Levi Phillips of @penncareylaw.bsky.social and @nikki-luke.bsky.social of @utknoxville.bsky.social argue that TVA’s corporatized “hodgepodge” weakens democratic accountability. www.theregreview.org/2026/01/21/b...

Virginia’s permit-tracking program proves that modest tech reforms can dramatically improve government performance, Reeve T. Bull, former director of the Virginia Office of Regulatory Management, argues in a recent essay. www.theregreview.org/2026/01/19/b...

In this week’s Saturday Seminar, scholars explore how Section 230’s platform-liability shield applies when social media companies use AI to generate content, curate feeds, and moderate users. www.theregreview.org/2026/01/17/s...

Judicial deference has helped create an oversight vacuum in immigration detention, and courts should more actively police conditions in ICE facilities, argues Alina Das of NYU School of Law. www.theregreview.org/2026/01/14/k...