Susan Dudley and Eileen J. O'Connor
At the Federalist Society’s Sixth Annual Executive Branch Review Conference, Office of information and Regulatory Affairs (“OIRA”) Administrator Neomi Rao spoke about the new agreement she had hammered out with the Treasury Department to bring OIRA’s review of IRS regulations more in line with its review of other agencies’ regulations. She also strongly hinted that independent regulatory agencies may be next, observing that “OIRA review can promote a more constitutional and coherent regulatory policy,” and that the “good regulatory practices promoted by OIRA can apply to all agencies that regulate the public.” In her latest Forbes column, Susan Dudley agrees. She argues that OIRA review encourages greater transparency, analytical rigor, and accountability in regulations, and urges the Administration to extend long-standing executive orders requiring OIRA review to all agencies that issue regulations binding on the public.
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Donald Kochan
Professor Donald Kochan has a new article on public lands and federalism just published in Volume 25, Issue 1, Page 1, by the Virginia Journal of Social Policy & the Law. The full article, Public Lands: Pride, Place, Proximity & Power, can be downloaded here. Here is the abstract.
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Wayne A. Abernathy
Mulvaney’s basic argument is cogent and refreshing. In short, he says “the Bureau is far too powerful, and with precious little oversight of its activities.”
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Brian F. Mannix
I care about regulatory policy, and over the years have filed comments on the record in dozens of agency rulemakings. Most of these comments have been ignored, but many have been influential – a few spectacularly so. I cannot say the same about the votes I have cast in federal elections.
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Richard Epstein
We support a free and open Internet and we oppose utility regulation of the most dynamic communications platform the world has ever seen. For these reasons, we encourage Congress to oppose the adoption of a CRA resolution to overturn the RIF Order.
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Carissa Mulder
The U.S. Commission on Civil Rights recently released a report entitled, “Public Education Funding Inequity in an Era of Increasing Concentration of Poverty and Resegregation.” The report argues that children from low-income families tend to live in school districts that have less money than children from wealthier families. Despite the report’s emotional language, these funding gaps are not as stark as one might suppose.
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Wayne A. Abernathy
Title II of Dodd-Frank—written in law as secondary, a recourse to the bankruptcy process—has been criticized by some for being punitive, prone to destroy value, and by others as too vulnerable to use in propping up failed firms that should be removed from the financial playing field.
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Eileen J. O'Connor
As required by the Regulatory Right to Know Act, enacted in 2000, the Office of Management and Budget submits an annual report to Congress outlining the costs and benefits of regulations issued the previous year. It appears, from the latest report, issued in draft form last Friday, that the benefits of regulations in effect the past ten years are three to eight times their costs.
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Richard Epstein
Oil States gives the Supreme Court the chance to stop a process that has already run off the rails. And if it does not, Congress should take steps to restore the proper constitutional balance.
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Roger B. Clegg
Gail Heriot and Alison Somin have written an important article that will appear in the Texas Review of Law & Politics, “The Department of Education’s Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, and Wrong on the Law.”
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