This paper examines the various statutory standards that require agencies to conduct some form of economic analysis and explores which standards correlate with more rigorous judicial review when a rule is challenged in court and with more rigorous regulatory analysis by the agency preparing the...

Regulatory agencies often produce mediocre economic analysis to inform their decisions about major regulations. For this reason, Congress is considering proposals that would require regulatory agencies to conduct regulatory impact analysis and subject it to judicial review. For judicial review...

This note assesses the United States Supreme Court's decision in South Dakota v. Dole, assessing whether or not any of the limits articulated on the scope of Congress's Spending Clause power provides a meaningful check on its authority. It ultimately determines that the case's prohibition on...

This article demonstrates that collaborative approaches to regulatory policymaking are largely underutilized as a result of regulatory inertia. It proposes the expanded use of petitions for rulemaking as a device for breaking this inertia. Individual citizens or groups would file a petition...