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Regulatory Opinion: 2016 in Review

| Dec 26, 2016 | PPR News

    year-in-review-logo-2016As the new year arrives, RegBlog would like to reflect on the many important regulatory developments and debates that occurred in the United States and around the world in 2016. We also want to recognize some of the excellent work we had the privilege to feature on RegBlog this past year. From Monday, December 26th through Wednesday, December 28th, we are presenting the top 50 essays published on RegBlog over the past 12 months, based on the number of page views.

    Today we feature, in alphabetical order by author, the top Opinion essays from 2016. Visit our “Regulatory Year in Review” series main page for information about the top news and analysis essays and series.

    Capitol Hill WinterCombatting External and Internal Regulatory Capture

    Reeve T. Bull (Administrative Conference of the United States) | Monday, June 20

    External and internal capture may be reduced through a more logical division of labor between Congress and agencies.


    19419838863_e45e6c2a5c_zPreventing Regulatory Capture

    Mark Calabria (Cato Institute) | Thursday, June 23

    When a regulation’s benefits exceed its costs, simplicity and interdisciplinary processes are essential to reducing capture.


    3642372137_6723ac45d4_zChallenges in Measuring Regulatory Capture

    Daniel Carpenter (Harvard University) | Wednesday, June 22

    Regulatory capture, neither inevitable nor a death trap for agencies, must be reduced to advance public policy goals.

    Decorative Scales of Justice in the CourtroomImproving Benefit-Cost Analysis by Making it Simpler

    Christopher Carrigan (George Washington University) & Stuart Shapiro (Rutgers University) | Monday, July 25

    Earlier and less burdensome regulatory impact analyses would lead to more transparent, better regulatory decisions.

    thinkstockphotos-455634241-compressorIs Government Truly Broken?

    Cary Coglianese (University of Pennsylvania Law School) | Tuesday, November 15

    Citizens and their leaders must strive to work together to solve problems and improve social and economic conditions.


    ThinkstockPhotos-517714044Robot Regulators Could Eliminate Human Error

    Cary Coglianese (University of Pennsylvania Law School) | Monday, May 16

    Scholar examines what a world of regulation by robot might look like—an innovation that could be just around the corner.

    Capital DomeThe Elusiveness of Regulatory Capture

    Cary Coglianese (University of Pennsylvania Law School) | Tuesday, July 5

    Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors.


    Federal ReserveStress Tests and the End of Bank Supervision

    Peter Conti-Brown (The Wharton School of the University of Pennsylvania) | Thursday, April 21

    New federal authority surrounding stress tests means banking supervisors take a back seat to regulators.

    Vintage toned Wall Street at sunset, NYC.Exploring Regulatory Capture’s Unanswered Questions

    Susan Dudley (George Washington University) | Monday, July 4

    Rent-seeking and profit-seeking behavior provide valuable insights into the concept of regulatory capture.


    Low angle view of piping at an Oil Refinery.How OSHA Can Succeed with the Cards It Is Dealt

    Adam M. Finkel (University of Michigan School of Public Health) | Monday, October 3

    Despite its wide-ranging capabilities, OSHA has often let its detractors have their way. To combat this, it should enlist partners in all directions.

    white house skyProductivity, Inequality, and Economic Rents

    Jason Furman (Chairman of the Council of Economic Advisers) | Monday, June 13

    Curbing excessive economic rents might bolster productivity and address rising inequality.


    3217859975_33a26ee02a_z(Not) Prosecuting Financial Crimes

    Brandon L. Garrett (University of Virginia School of Law) | Tuesday, June 21

    Holding companies accountable for crimes is essential, yet more must be done to end “too big to jail” concerns.


    Power plant, photovoltaic, wind energyA Paradigm Shift in the Cost-Benefit State

    John D. Graham (Indiana University Bloomington) & Paul R. Noe (American Forest & Paper Association) | Tuesday, April 26

    A 2009 court decision could spur more cost-benefit analysis in the regulatory process.


    CBA GraphA Reply to Professor Amy Sinden’s Critique of the “Cost-Benefit State”

    John D. Graham (Indiana University Bloomington) & Paul R. Noe (American Forest & Paper Association) | Tuesday, September 26

    Cost-benefit analysis is the most preferable form of analysis, and it should continue to be employed for important regulatory decisions.

    American Flag with MoneyCampaign Finance’s Creeping Deregulation

    Richard L. Hasen (University of California, Irvine, School of Law) | Wednesday, April 20

    Recent court rulings, bureaucratic failings, and political conflict have loosened campaign finance rules.


    25988170356_07fd41090c_zStill Seeking Contraceptive Compromise After Zubik v. Burwell

    Allison K. Hoffman (UCLA School of Law) | Monday, July 11

    Zubik v. Burwell highlights thorny issues surrounding Obamacare’s contraceptive coverage requirement.

    Business Meeting in an officeSelf-Deception and Regulatory Compliance

    Donald C. Langevoort (Georgetown University Law Center) | Tuesday, August 2

    Firms vary considerably in how they interpret regulatory commands and signals, posing enforcement challenges.

    ACUS-9541Fighting Regulatory Capture in the 21st Century

    Mike Lee, U.S. Senator (R-Utah) | Thursday, June 16

    Closer congressional supervision can prevent special interests from dominating the regulatory process.

    8567826396_7804f0256c_zDonald Trump, the “Workers’ Party” Candidate, on Regulation

    Brian F. Mannix and Susan Dudley (George Washington University) | Monday, October 24

    Experts argue that Donald Trump’s focus on jobs and worker impacts instead of the application of the net social benefits test is imprudent.

    ThinkstockPhotos-149076626Types of Regulation

    Wendell Pritchett (University of Pennsylvania Law School) | Tuesday, April 5

    Those seeking to reform the regulation of higher education must understand the available tools.

    10606982673_6f2aa45912_zProsecuting Corporate Criminals

    Jed. S. Rakoff (United States District Court Judge for the Southern District of New York) | Monday, September 26

    Prosecutions of individual corporate criminals can, in fact, be successful—and are critical for attaining justice.

    US Supreme CourtSupreme Court Remains Skeptical of the “Cost-Benefit State”

    Amy Sinden (Temple University Law School) | Monday, September 26

    Recent Court decisions have not created a presumption in favor of formal cost-benefit analysis.


    High-voltage cable converter stationA Shift in the Energy Regulatory Regime

    David Spence (University of Texas at Austin) | Monday, July 18

    Two Supreme Court decisions raise questions about the role of states in emerging electricity markets.

    Old Executive Office BuildingThe Coming of the Regulatory Budget

    Jim Tozzi (Center for Regulatory Effectiveness) | Friday, January 8

    Regulatory expert highlights the “second most important institutional feature of the regulatory state.”

    thinkstockphotos-456484979-compressorDo We Know How Risky E-Cigarettes Are?

    W. Kip Viscusi (Vanderbilt Law School) | Monday, November 14

    E-cigarettes are less dangerous than is generally believed, posing a unique information challenge for regulators.


    ThinkstockPhotos-496954324The Misguided Manifesto of Regulatory Reform

    John Walke (Natural Resources Defense Council) | Monday, May 2

    Recent proposed legislation may weaken key regulatory and law enforcement mechanisms.

    United States Supreme Court Building and American FlagCourts Regulating the Regulators

    Christopher Walker (Ohio State University Moritz College of Law) | Monday, April 25

    Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.


    ACUS-9703Corporate Capture of the Rulemaking Process

    Elizabeth Warren, U.S. Senator (D-Mass.) | Tuesday, June 14

    The right regulatory reforms can level the playing field between the public and powerful corporate players.


    How Government Can Root Out Regulatory Capture

    Sheldon Whitehouse, U.S. Senator (D-R.I.) | Wednesday, June 15

    It is time for government to stop private interests from gaining improper influence over regulators.

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