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Articles by Bridget C.E
Competing Narratives in OIRA Review of Tax Regulations
21 Pages Posted: Date Written: April 7, 2024 Keywords: OIRA, Executive Order 12866, cost-benefit analysis, tax exceptionalism, rulemaking JEL Classification: K23, K34 Suggested Citation: Suggested Citation Hickman, Kristin E. and Dooling, Bridget C.E., Competing Narratives in OIRA Review of Tax Regulations (April 7, 2024). Journal of Law, Economics and Policy (forthcoming Vol. 19, 2024), Available at SSRN: https://ssrn.com/abstract=
Applying the Regulatory Report Card to Tax Regulations
Journal of Benefit-Cost Analysis (forthcoming 2023) 28 Pages Posted: Date Written: January 9, 2023 Abstract An invited contribution to an issue of the Journal of Benefit-Cost Analysis honoring the work of the late Dr. Jerry Ellig, this essay recognizes and draws upon the Regulatory Report Card methodology developed by Ellig and Patrick McLaughlin to evaluate the quality of regulatory impact analysis published by federal government agencies in conjunction with notice-and-comment rulemaking.
Methadone's Regulatory Thicket
35 Pages Posted: 12 Sep 2022 Date Written: August 13, 2022 Abstract Methadone is an effective treatment for opioid use disorder, which makes it a key tool to address the opioid crisis. Paradoxically, regulations—particularly at the federal level, which is the focus of this Article—greatly limit access to methadone when it is used to treat opioid use disorder.
Regulatory Body Shops
50 Pages Posted: Date Written: August 11, 2022 Abstract Agencies do not always write their own rules. Contractors assist agencies in nearly all tasks relating to rulemaking, including reviewing public comments, conducting specialized research, and writing regulatory text.
Responding to Mass, Computer-Generated, and Malattributed Comments
74 Admin. L. Rev. 95 (2022) 66 Pages Posted: Date Written: December 20, 2021 Abstract A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decisionmaking. It is not unheard of for agencies to receive millions of comments on rulemakings; often these comments are received as part of organized mass comment campaigns.
Codifying the Cost-Benefit State
40 Pages Posted: 11 Nov 2019 Date Written: August 29, 2019 Abstract Almost fifty years of presidential direction and agency practice, combined with ten years of increasing encouragement from the Supreme Court, suggest that the cost-benefit state has not only arrived, but is well past its introductory season. Benefit-cost balancing is now a dominant paradigm in administrative law for evaluating federal agencies’ exercise of delegated regulatory discretion.
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