Questions
1. Should the cumulative cost of regulations imposed by federal regulators be capped? Why or why not? What mechanism, if any, should be used to set such a cap on compliance costs?
2. Should OIRA’s regulatory review role be expanded to include independent agencies? Discuss the political, legal, and/or economic implications of such an expansion.
3. DOJ has informed the court that OIRA is the ultimate decision-maker on Requests for Correction filed pursuant to the Data Quality Act. What are the implications of this decision? Should the DOJ change its position that decisions made with respect to the Data Quality Act are not judicially reviewable?
4. The Administrative Procedure Act delineates the federal rulemaking process. Does an examination of its history demonstrate that it is a simple codification of the then existing rulemaking process or was it aimed at providing a shield to assaults on New Deal programs? If the latter, does such a finding argue for an expansion of OIRA’s role?
Please post your research article on this page and submit it to: commons@thecre.com .
Question-Specific References
Cumulative Cost of Regulations
OIRA Review of Independent Agency Regulations
OIRA: The Court of Last Resort for DQA Petitions
A History of the APA
General References
The OIRA Teaching Module
Restoring OIRA’s Entrepreneurial Roots
What is OIRA?
Mission of the OIRA Teaching Module
The Need for an OIRA Teaching Module
The Reg Map: Informal Rulemaking
ABA Rulemaking
Overview of the Rulemaking Process
The Federal Rulemaking Process
A Brief Review of Rulemaking and Judicial Review
The Evolution of OIRA and Centralized Regulatory Review
The OMB Papers
The Courts
Justice Kagan
Judge Ginsburg
Our Libraries
The OIRA Teaching Module
Global Search of All CRE Libraries
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