Archive for October, 2020

How agencies should implement the regulatory ‘bill of rights’

The Hill

Last week, President Trump’s regulatory czar Paul Ray, head of the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA), issued a “best practices” memo instructing executive departments and agencies how to implement the regulatory bill of rights issued a few months ago. This builds on President Trump’s May 19 executive order laying out 10 “principles of fairness in administrative enforcement and adjudication” to ensure that Americans have basic due process protections should they find themselves in the crosshairs of the regulatory state.

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CRE Study of the Three Controlling Disciplines of the Administrative State

CRE has completed a study of the contributions of the three disciplines that have traditionally studied the management of the Administrative State:

(1) :Law

(2)  Economics

(3)  Political Science.

  • A detailed reading of the study suggests that the legal profession focuses on judicial review; the economic profession on benefit-cost analysis and the political science profession on the expost analyses of actions taken within the administrative state but none focuses on the management of the administrative state. By management we mean how disparate information from a number of disciplines is melded into a coherent mechanism which governs the substance of allowable actions to be taken in the daily operation of the administrative state.