President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump...

Security focused regulations have been largely exempt from the benefit-cost type of analysis required for major Federal regulations and done routinely in areas such as transportation, environment and safety. among the reasons offered for exemption are the analytical difficulties of security...

In this paper, I examine whether federal regulatory agencies are more likely to respond to comments on highly salient regulations. Literature looking at less-salient regulations has found mixed and limited responsiveness to public comments. I find that agencies make changes in response to...

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...

While numerous examinations of the rule-making process have occurred at the federal level, there are fewer studies about the effects of the proceduralization of the rule-making process on state regulations. Our examination focuses on regulations promulgated in New Jersey, both before and after...

Most examinations of the effects of regulation examine individual regulations or policy areas. The same is true of most reforms to the regulatory process. This paper raises questions about this focus. We survey business-owners in five midwestern states about their attitudes toward regulation. We...

Many of the scholarly and political debates about cost-benefit analysis (CBA) focus on the merits or problems of the technique itself. But there has been little consideration of what role cost-benefit analysis has already had, and whether institutional constraints affect the regulatory process....

Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the...

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public...

Deciding whether to regulate involves more than making a choice between complete freedom and total control. Individuals and businesses can be regulated but still retain considerable discretion – even to the point of selecting on their own the rules that apply to themselves. In this paper, we...