By David Zaring. Full text here. Although the Administrative Procedure Act (APA) in theory regulates government policymaking, the agency that is both among the oldest and, as the financial crisis has revealed, one of the most important, does not play by its rules. The Treasury Department is rarely sued for its administrative procedure, makes fewer rules than…

By Josh Chafetz. Full text here. In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly—and rightly—condemned for suggesting that the murder of the president might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed,…

By J.B. Ruhl & Robert L. Fischman. Full text here. Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has become infused into the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed,…

By I. Glenn Cohen & Daniel L. Chen. Full text here. For those facing infertility, using assisted reproductive technology to have genetically related children is a very expensive proposition. In particular, to produce a live birth through in vitro fertilization (IVF) would cost an individual (on average) between $66,667 and $114,286 in the United States. If…

By Robert B. Ahdieh. Full text here. From the financial crisis and changing forms of musical creativity to the rise of the Internet and increasing standard-setting conflict, the challenges of modern social and economic life are increasingly defined not by the need to reconcile conflicting interests, but rather to coordinate the choices of dispersed—and diverse—individuals and…