ACS Issue Brief: Reforming “Regulatory Reform”

by Christopher J. Walker — Friday, Oct. 5, 2018@chris_j_walker

From the American Constitution Society website:

Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest

DAN FARBER Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law and

LISA HEINZERLING Justice William J. Brennan, Jr. Professor of Law, Georgetown Law and

PETER SHANE Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law

In the wake of decades of increased corporate influence in politics, regulatory reform has become synonymous with deregulation.  The current administration has taken on the mantle of deregulation through executive action, budgetary constraints, and rulemakings – leaving federal agencies without the financial resources to ensure safe working conditions, clean water, and safe pharmaceuticals for all Americans.  In this Issue Brief, Professors Dan Farber, Lisa Heinzerling, and Peter Shane envision what regulatory reform might look like if approached with the view that regulation is in the public interest. Recognizing that “[n]o human institution is perfect, including administrative agencies,” the authors argue that these agencies have provided “incalculable value to American families, consumers, workers, patients, and students – everyone” and propose a series of changes to administrative rulemaking that would make the process more “inclusive, transparent, accountable, and evidence-based.”

The ACSblog is also running a series of posts on this issue brief here.


This post is part of the Administrative Law Bridge Series, which highlights terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. The Series is further explained here, and all posts in the Series can be found here.

Cite As: Author Name, Title, 36 Yale J. on Reg.: Notice & Comment (date), URL.

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About Christopher J. Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the California Law Review, Michigan Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and as Chair-Elect of the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

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