The Regulatory Review

1 week 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.

2 weeks 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.

4 weeks 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.

1 month 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.

1 month 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.