Scholars of regulation generally view the procedures that agencies must follow when promulgating rules as instruments by which political principals control bureaucratic agents. Much like political principals attempt to use procedural checks to constrain regulatory agencies’ actions, these same...

From the later 19th Century to the early 1970s the U.S. was consistently at the frontier of publicly relevant technology and policy advances. The Clean Air Act Amendments of 1970 (CAA), enacted with unanimous approval in the Senate, continued this tradition. The U.S. became the world leader in...

This paper is a supplement to my article “A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence From the Federal Tax on Private Real Estate in the 1790s," 130 Yale L.J. 1288 (2021)

Almost fifty years of presidential direction and agency practice, combined with ten years of increasing encouragement from the Supreme Court, suggest that the cost-benefit state has not only arrived, but is well past its introductory season. Benefit-cost balancing is now a dominant paradigm in...