The Regulatory Review

A Publication from the Penn Program on Regulation

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Articles

A Pivotal Case Shaping Cryptocurrency Regulation

1 week ago | theregreview.org | Roslyn Layton

A recent enforcement action suggests a new approach to regulating cryptocurrency. The 2024 U.S. presidential election and recent judicial decisions have prompted a reevaluation of administrative authority within federal agencies. Recent U.S. Supreme Court decisions have signaled limits to regulatory overreach, a theme echoed in the 2024 district court decision in Securities and Exchange Commission v. Ripple.
An Uncertain Future For U.S. Energy Policy

1 week ago | theregreview.org | Kyle Bradley

Emily Hammond discusses how U.S. energy and environmental policies may shift during the Trump Administration. In a conversation with The Regulatory Review, Professor Emily Hammond provides their perspective on the Trump Administration’s efforts to control independent agencies and how those efforts may influence U.S. energy and environmental policies.
President Trump’s Deregulation Initiatives Are Exercises in Futility

2 weeks ago | theregreview.org | Richard Pierce

The Trump Administration will struggle to convince courts to uphold the repeal of many agency rules. In my contribution to The Regulatory Review’s recent series on President Donald J. Trump’s first 100 days in office, I raised many questions that I could not answer about his unprecedented use of direct presidential actions. We will have to wait until the courts address those issues in the scores of cases that are now pending.
Climate Resilience Requires Digital Justice

1 month ago | theregreview.org | Monica Sanders

Equal access to technology is a necessary but overlooked part of responsible environmental regulation. As the United States braces for what is likely to be another record-setting hurricane and wildfire season, one critical issue remains largely overlooked in emergency planning: the digital divide. In many of the country’s most climate-vulnerable areas, particularly across the American South, limited internet access is silently undermining disaster resilience and deepening environmental injustice.
Focusing AI Governance on Qualitative Capability Leaps | The Regulatory Review

1 month ago | theregreview.org | Kevin Frazier

AI governance should center on novel threats rather than familiar risks.
On Direct Exercises of Presidential Power

1 month ago | theregreview.org | Richard Pierce

Myriad questions surround the role of Congress and the Supreme Court in checking presidential power. President Donald J. Trump has engaged in direct exercises of presidential power to a much greater extent than any past President.
The Supreme Court’s Reassuring Opinion on Agency Decision-Making

2 months ago | theregreview.org | Richard Pierce

The Supreme Court offers a robust vision of hard look review in a polarized political climate. The U.S. Supreme Court unanimously upheld this month one of hundreds of U.S. Food and Drug Administration (FDA) denials of applications to market millions of types of flavored e-cigarettes. To its credit, the Court decided FDA v.
President Trump Is Not the Only Threat to Our Democracy

2 months ago | theregreview.org | Richard Pierce

Party-based primaries inhibit the legislative branch. I am cautiously optimistic that the judicial branch of government will save us from President Donald J. Trump’s assault on our constitutional democracy. President Trump regularly violates numerous statutes as well as the Due Process Clause and the First Amendment of the U.S. Constitution.
Labor Regulation at the Department of Transportation

2 months ago | theregreview.org | Roslyn Layton

The Transportation Department’s labor policies impede necessary safety reforms. A longstanding shortage of air traffic controllers, which a Saturday Seminar in The Regulatory Review recently explored, presents a well-known challenge to the effectiveness of the U.S. Department of Transportation’s safety regulations. Less well-known or understood, however, is how labor regulation at the Transportation Department could exacerbate safety challenges in aviation, freight rail, and other industries.
Legislative Primacy

2 months ago | theregreview.org | Daniel A. Farber

President Trump’s recent executive orders challenge Congress’s role in creating policy. The U.S. Constitution gives the U.S. Congress the power to legislate. Often, Congress sets general policies and gives agencies discretion over how to implement them, but Congress is still in the driver’s seat. Presidents may see things differently. They may envision themselves as policymakers-in-chief, with statutes either providing blank checks for their use or inconvenient barriers to their plans.