‘Regulation in Transition’

‘Regulation in Transition’

A forthcoming article by Bethany Davis Noll and Richard L. Revesz, both of NYU School of Law, identifies the new trend of aggressive regulatory rollbacks in American politics. Professors Davis Noll and Revesz argue that the Trump Administration has gone beyond the typical playbook “to reach a far greater proportion of regulations finalized during Obama’s presidency than would have been possible under prior practices.”

“Regulation in Transition,” which will be published later this year in the Minnesota Law Review, says that the “highly aggressive” strategies employed by the current administration have garnered little attention and “their broader impact has gone largely overlooked, not just by the public, but also by legal scholars.” The article also identifies the three main tools used by the current administration in these efforts.

Professors Davis Noll and Revesz suggest that the new, “hyper-vigorous” approach to regulatory rollback is almost certain to be emulated by future presidents, and thus signifies “an enduring transformation in presidential strategies” and “a reconceptualization of Executive Branch power.”

Read a draft of the forthcoming article.

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