Regulation

Buildings in the United States are responsible for nine percent of the world’s greenhouse gas emissions, and improvement of building energy efficiency through strong building energy codes can help achieve signifi­cant emissions reductions and cost savings. But building energy code regula­tion across the country is inconsistent: Some states have statewide codes with ambitious clean energy targets, while others have no statewide codes at all....

The COVID-19 pandemic has laid bare the severe public health dan­ger that institutional and congregate care settings pose to people with dis­abilities, older adults, and the care professionals who work in those settings. While the populations residing in congregate care settings are naturally more susceptible to the virus, the COVID-19 crisis in these set­tings could have been far more limited if there had been broader access to home and community-based...

The financial crisis exposed major fault lines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the Consumer Financial Protection Bureau—and changed the structure and function of these markets.

Consumer advocates cheered reforms as welfare enhancing, while the financial sector declared that consumers would be harmed by interventions. With a decade of data now...

AGENCIES AND ARBITRATION

Daniel T. Deacon*

This Essay examines the roles that federal administrative agencies have begun to play in response to the rise of private arbitration, particularly in the consumer and employment contexts. Such agency actions have included enforcement strategies designed to mimic the effects of private litigation when such litigation may not be possible due to the presence of arbitration agreements. And, in some cases, they have involved regulatory responses, including...

In Remedial Restraint in Administrative Law, Professor Nicholas Bagley argues that we should replace administrative law’s ordinary remand rule with a more restrained, context-specific standard of first assessing whether the parties challenging the action were actually prejudiced by agency error. He bases this argument in part on his belief that the states challenging the Obama Administration’s sweeping...