Informal international regulatory cooperation is changing into recognizable forms of international administration. This paper surveys some of those forms. The forms range from hard procedural law to soft harmonization-through-example. They include: 1) hard international rules that constrain...

Institutional reform lawsuits - big cases involving the structural reform of local government entities such as prisons and housing authorities - have traditionally been analyzed in two ways: either as unique exercises of judicial power or as party-driven examples of small-scale government by...

The banking charter—the license a bank needs to obtain before it can open—has become the centerpiece of an argument about what finance should do for the rest of the economy, both in academia and at the banking agencies. Some advocates have proposed using the charter to pursue industrial...

How should we understand the federal government's response to the financial crisis? The government's team, largely staffed by investment bankers, pushed the limits of its statutory authority to authorize an ad hoc series of deals designed to mitigate that crisis. It then decided to seek...

This article adds an empirical perspective to the debate over the use of foreign authority by federal courts. It surveys sixty years of federal court practice in citing opinions from foreign high courts, through a citation count analysis. The data reveals that federal courts rarely cite to...

In traditional administrative law, agencies pass rules and courts review them. But what if agencies stopped acting by rule and started leading by example? With best practices rulemaking - a theoretically voluntary way of coordinating administrative action both within and across agencies -...

The Trump administration has promised to pursue policy through deals with the private sector, not as an extraordinary response to extraordinary events, but as part and parcel of the ordinary work of government. Jobs would be onshored through a series of deals with employers. Infrastructure would...

A central lesson of the global financial crisis is that banks are not the only types of financial firms that can pose dangers to the broader financial system. One of Dodd-Frank's primary mechanisms for responding to this reality is to empower a council of financial regulators to designate...

This essay, done for a symposium sponsored by the Transatlantic Law Forum, speculates as to how legal and regulatory institutions will respond to the next financial crisis. To be sure, much of the governing done during that crisis will be by actors making political decisions that will either be...

This paper offers a scholarly review of the international relations and international law literature on regulatory networks. Although generalizations are necessarily imprecise, we suggest that the international relations oeuvre has proved particularly attentive to the way that power is wielded...