Peter L. Strauss

Peter L. Strauss is the Betts Professor of Law at Columbia Law School and is a Senior Fellow of the Administrative Conference of the United States. He is a life member of the American Law Institute and previously served as the Chair of the ABA Section of Administrative Law and Regulatory Practice.

A Price of Greater Executive Discretion

A Price of Greater Executive Discretion

Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.

We Decline to Define ‘Reasonably Available’

We Decline to Define ‘Reasonably Available’

The new amendment to incorporation by reference rules leaves important issues unaddressed.

One Step Forward, Two Steps Back

One Step Forward, Two Steps Back

Encouraging progress in public access to industry standards is counterbalanced by a governmental “disappointment.”

Members of Congress Need Not Send to Ask For Whom the Bell Tolls

Members of Congress Need Not Send to Ask For Whom the Bell Tolls

Congress must not forget its role in setting regulatory policy.

A Confluence of Concerns with the Accumulation of Regulatory Regimens

A Confluence of Concerns with the Accumulation of Regulatory Regimens

Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.

Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference

Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference

Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.

“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”

“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”

Distinct concepts clarify judicial review of U.S. agency decision making.