Greenlighting Administrative Prosecution
Observers of the administrative enforcement process are troubled by problems of confirmation bias as the greenlighting process requires agency heads to discharge prosecutorial and judicial functions…
Administrative Law Review | Spring 2023
Volume 75, Issue 2
Articles
Antitrust Rulemaking: The FTC's Delegation Deficit
There are many uncertainties about the major questions doctrine and how it will be deployed in the future.
Operation Choke Point: Myths and Reality
The antifraud campaign was a two-pronged attack of severe enforcement actions against a few egregious offenders who had windfall profits from their fraud and moral suasion with the rest of the consum…
Comments
The Endangered Species Are Not Alright: The EPA's Recent Progress Trying to Reconcile FIFRA and the ESA Does Not Go Far Enough
The U.S. Environmental Protection Agency's new workplan takes a step in the right direction as it prioritizes the safety of endangered species and is creative in finding new ways to develop mitigatio…
French-Tipped Formaldehyde: Why FDA's Statutory Framework Enables Toxic Chemical Exposures in Manicure Products; How Rulemaking or Congressional Action Can Curb Its Detrimental Effect on Occupational Health
Any rule that the U.S. Food and Drug Administration promulgates must pass the review as defined by the Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
Essay
Behavioral Science in the Administrative State
In the real world of policymaking, behavioral science is often used to reform institutions and systems and inform regulations and other initiatives in domains that include health, safety, climate cha…