How should the executive branch respond to globalization? The president’s executive order on international regulatory cooperation provides a blueprint. The branch will turn to regulatory cooperation to make progress in freeing trade and will encourage a particular approach to that...

The capstone of regulatory reform in the wake of the financial crisis has turned out to be an effort to pair substantive changes to the financial industry with an effort to get bankers to behave more ethically. Regulators have emphasized the importance of “culture” set by a “tone at the...

This literature review asks three questions of the scholarship on the regulatory networks that have so far transformed global governance. First, what are these networks good for? We summarize the state of the literature on regulatory races, the fit between networks and the process of...

Two recent novels portray the substantively unhappy and morally unfulfilling lives of young associates who work long hours in large, elite law firms. As it turns out, their search for love, happiness, and moral purpose is largely in vain. In the rarefied atmosphere of both fictitious firms, the...

Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives...

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...

This article examines doctrines governing extraterritorial jurisdiction and their evolution in response to the forces of globalization. These doctrines were shaped in this century first by the shift from private law to public power that attended the rise of the regulatory state, and then by a...

Independent regulatory commissions are, in the face of a judicial campaign against their independence, suffering from an internal ailment that is just as serious. These mainstays of the administrative state, including the Federal Trade Commission, National Labor Relations Board, and other...

An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...

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...