The Regulatory Review
WEBThe Biden Administration announces a final rule increasing mental health care availability, the FCC issues a proposed rule to protect consumers from excessive robocalls, and more…
Forty Years After Surface Freight Deregulation
WEBDec 14, 2020 · After 1980, the actual results of surface freight deregulation exceeded economists’ expectations. Between 1981 and 1996, real rail revenue per ton-mile fell by nearly 50 percent. At least one-third of this rate reduction can be attributed to the Staggers Act. Deregulated rates saved shippers up to $7 billion annually in 1987.
Regulating Cost-Benefit Analysis | The Regulatory Review
WEBAug 27, 2018 · Cost-benefit analysis is conventionally framed as a method for assessing economic efficiency—net benefits to society as a whole. The language in the executive orders extends this framing to encompass analysis of distribution—the allocation of these net benefits across members of society. The inclusion of “equity” also means that the ...
First Principles for Interpreting Regulation | The Regulatory Review
WEBFeb 11, 2013 · The distinctive legal characteristics of these regulations suggest two key principles for their interpretation. Principle 1: Interpret the regulation’s text in light of the regulation’s statement of basis and purpose (often referred to as the regulation’s “preamble”). Except in special circumstances, the Administrative Procedure Act ...
The Social Responsibility of Social Media Platforms
WEBDec 21, 2021 · The wide discretion that platforms possess over content moderation can be dangerous, Brown warns. Social media platforms often put greater weight on generating profits than on protecting users from destructive speech. This is why, Brown explains, greater regulatory oversight is needed to prompt change within the industry.
Native Peoples, Tribal Sovereignty, and Regulation
WEBMar 15, 2021 · Accordingly, the United States is obligated to promote tribal self-determination and tribes’ ability to provide for the health and welfare of tribal citizens within tribal lands. Yet despite its formal recognition of a certain degree of Native sovereignty, the federal government has also exercised significant control over tribal peoples and ...
Cyberbullying and the Limits of Free Speech
WEBDec 19, 2020 · A A. Schools and policymakers confront balancing the protection of cyberbullying victims with free speech. Bullying poses a pervasive threat to students in primary and secondary schools. This aggressive behavior, which involves a power imbalance between the bully and the victim, can have serious mental, social, and physical health consequences.
The Problem with Delegation - The Regulatory Review
WEBDec 2, 2015 · A A. Legal scholar argues that delegation poses a threat to the separation of powers. Congress often delegates legislative power to the executive branch, giving regulatory agencies like the U.S. Environmental Protection Agency or the Department of Homeland Security broad discretion in carrying out …
Interpretive Rules in Practice | The Regulatory Review
WEBOct 30, 2019 · At its June 2019 plenary session, the Administrative Conference of the United States (ACUS) adopted Recommendation 2019-1, “Agency Guidance Through Interpretive Rules.”The recommendation offers key suggestions for agency practices to bring treatment of interpretive rules into close alignment with an earlier recommendation on agency policy statements.
Regulation’s Four Core Components | The Regulatory Review
WEBSep 17, 2012 · These core regulatory components—regulator, target, command, and consequences—affect the incentives and flexibility that a regulation provides. Regulated businesses will have maximal flexibility when the regulator is the industry itself. Yet even when the regulator is the government, choices made about variables such …
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