The Regulatory Review highlights our most-read essays from 2024 submitted by regulatory scholars, lawyers, and analysts.
The Regulatory Review is pleased to revisit our top regulatory essays of 2024, each authored by one or more of the many expert contributors whose ideas we are pleased to publish. These pieces—selected for this list based on the number of page views during the past 12 months—are arranged below in alphabetical order by last name of author.
July 16, 2024 | Alia Al-Khatib, University of Pennsylvania Carey Law School
Employees need not show “significant” harm to sustain discrimination claims.
October 14, 2024 | Jordan Ascher, Governing for Impact
Despite recent skepticism, the President’s broad authority over federal contractors will remain.
July 24, 2024 | Bob Barr, National Rifle Association
New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.
August 5, 2024 | Thomas A. Berry, Cato Institute
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
September 30, 2024 | Wang Bin, Peking University Law School
China’s minimum fines foster uniform penalties across infractions and prevent leniency for minor violations.
November 18, 2024 | Reeve T. Bull, Virginia Office of Regulatory Management
Virginia can serve as a model for other states looking to reform and modernize their regulatory regimes.
April 16, 2024 | Molly Candon, University of Pennsylvania Center for Mental Health
Insurance reimbursement for psychedelic therapy is integral to treatment accessibility.
August 8, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.
June 3, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
Public preferences for human decisions may give way in time to calls for governmental decisions made by artificial intelligence.
January 15, 2024 | Cary Coglianese, University of Pennsylvania Carey Law School
Management-based regulation is needed due to artificial intelligence’s extreme heterogeneity.
October 3, 2024 | Kenneth W. Costello, Regulatory Economist and Independent Consultant
Addressing social problems through utility regulation may lead to inefficiency and unfairness.
February 7, 2024 | Kenneth W. Costello, Regulatory Economist and Independent Consultant
Policymakers should more carefully consider the challenges to implementing a carbon tax.
April 1, 2024 | Giulia G. Cusenza, University of Udine in Italy
An analysis of state and federal court decisions uncovers standards to guide governmental use of artificial intelligence.
July 22, 2024 | Daniel A. Farber, University of California, Berkeley
The Court stayed the “good neighbor” provision of the Clean Air Act in Ohio v. Environmental Protection Agency.
July 31, 2024 | Brian R. Frazelle, Constitutional Accountability Center
A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.
September 23, 2024 | Kevin T. Frazier, St. Thomas University Benjamin L. Crump College of Law
The Guarantee Clause is an untapped means of protecting Americans from anti-republican corporate behavior.
October 21, 2024 | David B. Froomkin, University of Houston Law Center
The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.
November 12, 2024 | Matthew A. Gluth and Jeremy Graboyes, Administrative Conference of the United States, and Jennifer L. Selin, Arizona State University Sandra Day O’Connor College of Law
A new report to ACUS makes recommendations for how Senate-confirmed officials should participate in adjudication.
July 30, 2024 | John M. Golden, The University of Texas at Austin School of Law
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
December 2, 2024 | James Goodwin, Center for Progressive Reform
President Trump’s Project 2025 vision requires progressives to provide an equally compelling alternative.
August 1, 2024 | Michael Z. Green, Texas A&M University School of Law
An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.
July 1, 2024 | Pamela Herd and Donald Moynihan, McCourt School of Public Policy at Georgetown University, and Amy Widman, Rutgers Law School
Scholars propose strategies to lower the procedural hurdles of obtaining benefits.
November 4, 2024 | Allison K. Hoffman, Lauren Hallice, Noah Stein, and Rachael Totz, University of Pennsylvania Carey Law School
The Loper Bright decision leaves hundreds of pivotal health care regulations subject to litigation.
February 26, 2024 | Matthew S. Johnson, Duke University Sanford School of Public Policy, David I. Levine, University of California, Berkeley Haas School of Business, and Michael W. Toffel, Harvard Business School
OSHA should use machine learning to improve the effectiveness of its regulatory inspections.
November 14, 2024 | Sean J. Kealy, Boston University School of Law
Scholar recommends improvements to agencies’ management of congressional requests on behalf of constituents.
July 3, 2024 | Erika Lietzan, University of Missouri School of Law
ACUS recommends transparency and oversight be provided whenever agencies collect user fees.
August 26, 2024 | Timothy D. Lytton, Georgia State University College of Law
Contaminated agricultural water is a well-known root cause of foodborne illness that regulators have struggled to address.
November 11, 2024 | Joseph Mead, Georgetown University Law Center
ACUS’s recommendation on judicial review of federal regulations provides much-needed clarity.
July 30, 2024 | Alan B. Morrison, George Washington University Law School
In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.
August 19, 2024 | Alan B. Morrison, George Washington University Law School
The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.
July 30, 2024 | Susan C. Morse, The University of Texas at Austin School of Law
The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.
April 22, 2024 | Joanna Neill, University of Manchester in England.
The government should lower regulatory hurdles impeding psilocybin assisted psychotherapy research.
October 7, 2024 | Ekene Onwubiko, Weill Cornell Medicine.
Better regulation can eliminate high-cost barriers to the integration of electronic health records.
July 8, 2024 | Eric W. Orts, The Wharton School, University of Pennsylvania
The Supreme Court’s recent decision on presidential immunity threatens the survival of the American Republic.
April 23, 2024 | Daniel Perkins, University of Melbourne in Australia.
Australia implements a new framework for regulating the medicinal use of psychedelic substances such as MDMA and psilocybin.
December 9, 2024 | Richard J. Pierce, Jr., The George Washington University Law School
United States v. Eaton serves as the constitutional basis for thousands of executive branch decisions.
July 1, 2024 | Richard J. Pierce, Jr., The George Washington University Law School
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.
November 13, 2024 | Shalini Bhargava Ray, The University of Alabama School of Law
New research highlights the unique challenges agencies face when providing individual regulatory guidance.
November 25, 2025 | Richard L. Revesz, Office of Information and Regulatory Affairs, Office of Management and Budget
At the 2024 PPR Distinguished Lecture on Regulation, Administrator Revesz highlighted the Biden Administration’s regulatory reform efforts.
September 3, 2024 | Gabriel Scheffler, University of Miami School of Law, and Daniel E. Walters, Texas A&M University School of Law
The hidden nature of the administrative state contributes to misperceptions of important government policies.
July 8, 2024 | Peter Shane, New York University School of Law
In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.
August 7, 2024 | Kate Shaw, University of Pennsylvania Carey Law School
Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.
April 17, 2024 | Joshua Siegel, Washington University School of Medicine in St. Louis.
Policymakers should account for the relatively low risks of psychedelics use when deciding how to regulate them.
June 10, 2024 | Jennifer L. Selin and Paul R. Verkuil, Administrative Conference of the United States
A second Trump presidency would threaten employment protections crucial to ensuring that governmental decisions are based on independent expert advice.
May 6, 2024 | Rangita de Silva de Alwis, University of Pennsylvania Carey Law School, and Elodie Vialle, PEN America
The rise of deep fakes and other AI-generated misinformation presents a direct threat to women’s freedom.
August 12, 2024 | Rangita de Silva de Alwis, University of Pennsylvania Carey Law School
Future peace-building efforts should reflect evolving technology and its impact on women.
August 22, 2024 | David Spence, The University of Texas at Austin School of Law
Partisanship presents a threat to and a possible solution for streamlining energy infrastructure development.
July 24, 2024 | Amy Swearer, The Heritage Foundation
A recent Supreme Court decision affects ATF’s efforts to redefine gun regulations.
October 28, 2024 | Clint Wallace, University of South Carolina Rice School of Law, and Shelley Welton, University of Pennsylvania Carey Law School
Taxing luxury emissions can reduce inequality and combat climate change.
July 29, 2024 | Matthew Lee Wiener, University of Pennsylvania Carey Law School
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
This essay is part of a series, entitled “The 2024 Regulatory Year in Review.”
