The Regulatory Review
@theregreview.bsky.social
Your daily source for regulatory news, analysis & commentary. From the Penn Program on Regulation at the University of Pennsylvania.
RTs & links ≠ endorsements.
RTs & links ≠ endorsements.
In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that hard-look review worsens polarization by making agencies less responsive to voters and calls for a reset to more deferential arbitrariness review. www.theregreview.org/2026/01/28/c...
January 30, 2026 at 3:02 PM
In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that hard-look review worsens polarization by making agencies less responsive to voters and calls for a reset to more deferential arbitrariness review. www.theregreview.org/2026/01/28/c...
Hard-look review lets judges veto election-driven policy changes, so the Court should overrule State Farm and defer more to agencies’ policy shifts, argues Eric R. Claeys of the George Mason University Antonin Scalia Law School. www.theregreview.org/2026/01/28/c...
January 29, 2026 at 5:02 PM
Hard-look review lets judges veto election-driven policy changes, so the Court should overrule State Farm and defer more to agencies’ policy shifts, argues Eric R. Claeys of the George Mason University Antonin Scalia Law School. www.theregreview.org/2026/01/28/c...
In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that State Farm hard-look review untethers APA review from the statute’s text and calls for overruling it. www.theregreview.org/2026/01/28/c...
January 29, 2026 at 12:00 AM
In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that State Farm hard-look review untethers APA review from the statute’s text and calls for overruling it. www.theregreview.org/2026/01/28/c...
Absent a strong requirement that major policy shifts be justified with reasoned explanation, polarized administrations will predictably dismantle one another’s policies, producing chronic legal instability, Professor Richard J. Pierce of George Washington University argues. buff.ly/nJigQ9g
January 26, 2026 at 2:00 PM
Absent a strong requirement that major policy shifts be justified with reasoned explanation, polarized administrations will predictably dismantle one another’s policies, producing chronic legal instability, Professor Richard J. Pierce of George Washington University argues. buff.ly/nJigQ9g
In this week’s Saturday Seminar, scholars debate whether the NextGen UBE and supervised-practice pathways can better measure lawyer competence—and who gets to enter the profession—than the traditional bar exam. www.theregreview.org/2026/01/24/s...
January 24, 2026 at 3:00 PM
In this week’s Saturday Seminar, scholars debate whether the NextGen UBE and supervised-practice pathways can better measure lawyer competence—and who gets to enter the profession—than the traditional bar exam. www.theregreview.org/2026/01/24/s...
In a recent article, @shelley-w.bsky.social and Levi Phillips of @penncareylaw.bsky.social and @nikki-luke.bsky.social of @utknoxville.bsky.social argue that TVA’s corporatized “hodgepodge” weakens democratic accountability. www.theregreview.org/2026/01/21/b...
January 21, 2026 at 3:02 PM
In a recent article, @shelley-w.bsky.social and Levi Phillips of @penncareylaw.bsky.social and @nikki-luke.bsky.social of @utknoxville.bsky.social argue that TVA’s corporatized “hodgepodge” weakens democratic accountability. www.theregreview.org/2026/01/21/b...
Virginia’s permit-tracking program proves that modest tech reforms can dramatically improve government performance, Reeve T. Bull, former director of the Virginia Office of Regulatory Management, argues in a recent essay. www.theregreview.org/2026/01/19/b...
January 19, 2026 at 2:03 PM
Virginia’s permit-tracking program proves that modest tech reforms can dramatically improve government performance, Reeve T. Bull, former director of the Virginia Office of Regulatory Management, argues in a recent essay. www.theregreview.org/2026/01/19/b...
In this week’s Saturday Seminar, scholars explore how Section 230’s platform-liability shield applies when social media companies use AI to generate content, curate feeds, and moderate users. www.theregreview.org/2026/01/17/s...
January 18, 2026 at 2:30 AM
In this week’s Saturday Seminar, scholars explore how Section 230’s platform-liability shield applies when social media companies use AI to generate content, curate feeds, and moderate users. www.theregreview.org/2026/01/17/s...
Judicial deference has helped create an oversight vacuum in immigration detention, and courts should more actively police conditions in ICE facilities, argues Alina Das of NYU School of Law. www.theregreview.org/2026/01/14/k...
January 16, 2026 at 2:04 PM
Judicial deference has helped create an oversight vacuum in immigration detention, and courts should more actively police conditions in ICE facilities, argues Alina Das of NYU School of Law. www.theregreview.org/2026/01/14/k...
In a recent article, Alina Das of NYU School of Law argues that courts’ deference has left immigration detention effectively underregulated and calls on judges to take a stronger oversight role. www.theregreview.org/2026/01/14/k...
January 15, 2026 at 8:02 PM
In a recent article, Alina Das of NYU School of Law argues that courts’ deference has left immigration detention effectively underregulated and calls on judges to take a stronger oversight role. www.theregreview.org/2026/01/14/k...
Current oversight of medical AI places too much reliance on a “human in the loop”—an approach that requires individual clinicians to review and incorporate each AI recommendation in a safe and effective manner, one scholar argues. www.theregreview.org/2026/01/15/s...
January 15, 2026 at 3:01 PM
Current oversight of medical AI places too much reliance on a “human in the loop”—an approach that requires individual clinicians to review and incorporate each AI recommendation in a safe and effective manner, one scholar argues. www.theregreview.org/2026/01/15/s...
In a recent article, Alina Das of NYU School of Law argues that courts have wrongly deferred to the executive branch on immigration detention conditions, and she urges judges to reclaim oversight by applying a more objective due process standard. www.theregreview.org/2026/01/14/k...
January 14, 2026 at 6:01 PM
In a recent article, Alina Das of NYU School of Law argues that courts have wrongly deferred to the executive branch on immigration detention conditions, and she urges judges to reclaim oversight by applying a more objective due process standard. www.theregreview.org/2026/01/14/k...
Artificial intelligence demands transparent governance that protects public safety without sacrificing innovation or state authority and relies on real law rather than executive overreach, David Beier, who served as domestic policy advisor to Vice President Al Gore, argues. buff.ly/6yPRIru
January 12, 2026 at 11:00 PM
Artificial intelligence demands transparent governance that protects public safety without sacrificing innovation or state authority and relies on real law rather than executive overreach, David Beier, who served as domestic policy advisor to Vice President Al Gore, argues. buff.ly/6yPRIru
In this week’s Saturday Seminar, scholars assess whether the Endangered Species Act’s ban on unauthorized “take” can still reach habitat destruction—and what a proposal to rescind the agencies’ habitat-based definition of “harm” would mean for enforcement. www.theregreview.org/2026/01/10/s...
January 12, 2026 at 2:00 AM
In this week’s Saturday Seminar, scholars assess whether the Endangered Species Act’s ban on unauthorized “take” can still reach habitat destruction—and what a proposal to rescind the agencies’ habitat-based definition of “harm” would mean for enforcement. www.theregreview.org/2026/01/10/s...
In a recent article, Michelle Layser of the University of San Diego School of Law argues renters’ tax credits are basically Section 8 in tax form, and their upside depends on whether the goal is lowering rent burdens or expanding access. www.theregreview.org/2026/01/07/l...
January 9, 2026 at 7:01 PM
In a recent article, Michelle Layser of the University of San Diego School of Law argues renters’ tax credits are basically Section 8 in tax form, and their upside depends on whether the goal is lowering rent burdens or expanding access. www.theregreview.org/2026/01/07/l...
In a recent article, Michelle Layser of the University of San Diego School of Law argues that renters’ tax credits largely mirror Section 8’s market-based subsidy model and their value turns on whether policymakers prioritize lowering rents for current tenants. www.theregreview.org/2026/01/07/l...
January 8, 2026 at 9:00 PM
In a recent article, Michelle Layser of the University of San Diego School of Law argues that renters’ tax credits largely mirror Section 8’s market-based subsidy model and their value turns on whether policymakers prioritize lowering rents for current tenants. www.theregreview.org/2026/01/07/l...
Since the U.S. Supreme Court's recent elimination of Chevron deference, courts may no longer defer to EPA’s technical judgments on the application of a lower child safety factor, some scholars argue. www.theregreview.org/2026/01/08/a...
January 8, 2026 at 3:01 PM
Since the U.S. Supreme Court's recent elimination of Chevron deference, courts may no longer defer to EPA’s technical judgments on the application of a lower child safety factor, some scholars argue. www.theregreview.org/2026/01/08/a...
In this week’s Saturday Seminar, experts debate how to modernize nuclear licensing and oversight so the United States can deploy low-carbon nuclear power faster while maintaining safety, environmental review, and public legitimacy. www.theregreview.org/2026/01/03/s...
January 4, 2026 at 1:00 AM
In this week’s Saturday Seminar, experts debate how to modernize nuclear licensing and oversight so the United States can deploy low-carbon nuclear power faster while maintaining safety, environmental review, and public legitimacy. www.theregreview.org/2026/01/03/s...
Legislatures should adopt the Tech Liability Model to regulate addictive technologies and reduce screen time for minors, Gaia Bernstein of Seton Hall University School of Law argues in a recent article. www.theregreview.org/2025/12/18/s...
December 29, 2025 at 6:00 PM
Legislatures should adopt the Tech Liability Model to regulate addictive technologies and reduce screen time for minors, Gaia Bernstein of Seton Hall University School of Law argues in a recent article. www.theregreview.org/2025/12/18/s...
A practitioner warns that investor protections in Delaware partnership agreements risk becoming box-checking formalities, and a recent Delaware Supreme Court opinion echoed the point by insisting those safeguards be meaningful in practice. www.theregreview.org/2025/12/24/w...
December 24, 2025 at 3:00 PM
A practitioner warns that investor protections in Delaware partnership agreements risk becoming box-checking formalities, and a recent Delaware Supreme Court opinion echoed the point by insisting those safeguards be meaningful in practice. www.theregreview.org/2025/12/24/w...
One scholar argues that the AI defenses Google raises today resemble those of credit bureaus before 1970, until Congress bypassed defamation law and forced accountability through the Fair Credit Reporting Act. www.theregreview.org/2025/12/22/a...
December 22, 2025 at 3:01 PM
One scholar argues that the AI defenses Google raises today resemble those of credit bureaus before 1970, until Congress bypassed defamation law and forced accountability through the Fair Credit Reporting Act. www.theregreview.org/2025/12/22/a...
In a recent article, practitioner Joseph DaVault and Saint Louis University School of Law’s Michael Sinha contend that the FDA–USDA split is sound, but definitional, labeling, and inspection bottlenecks call for uniform standards and faster approvals. www.theregreview.org/2025/12/17/a...
December 19, 2025 at 7:02 PM
In a recent article, practitioner Joseph DaVault and Saint Louis University School of Law’s Michael Sinha contend that the FDA–USDA split is sound, but definitional, labeling, and inspection bottlenecks call for uniform standards and faster approvals. www.theregreview.org/2025/12/17/a...
In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law urge reforms to cultivated-meat oversight—starting with a shared definition, tighter contamination controls, and streamlined federal review. www.theregreview.org/2025/12/17/a...
December 18, 2025 at 5:02 PM
In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law urge reforms to cultivated-meat oversight—starting with a shared definition, tighter contamination controls, and streamlined federal review. www.theregreview.org/2025/12/17/a...
In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law argue that cultivated-meat regulation needs clearer definitions, standardized safety protocols, and a more efficient FDA–USDA approval process. www.theregreview.org/2025/12/17/a...
December 18, 2025 at 1:00 AM
In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law argue that cultivated-meat regulation needs clearer definitions, standardized safety protocols, and a more efficient FDA–USDA approval process. www.theregreview.org/2025/12/17/a...
Scholar argues that courts should adopt a systemic violation exception to Individuals with Disabilities Act's exhaustion requirement to balance the efficiency goals of exhaustion with the need to remedy systemic practices that undermine IDEA’s protections. www.theregreview.org/2025/12/16/h...
December 16, 2025 at 1:52 PM
Scholar argues that courts should adopt a systemic violation exception to Individuals with Disabilities Act's exhaustion requirement to balance the efficiency goals of exhaustion with the need to remedy systemic practices that undermine IDEA’s protections. www.theregreview.org/2025/12/16/h...