Light on Regulatory Horcruxes

Sarah E. Light (University of Pennsylvania, The Wharton School – Legal Studies & Business Ethics Department) has posted Regulatory Horcruxes (Duke Law Journal, Vol. 67, 2018, Forthcoming) on SSRN.  Here is the abstract: The regulator that designs and first implements a federal regulatory program does not always have the ability to control the timing and process of how that regulatory program will, in this Symposium’s language, “exit.” As the 2016 election has demonstrated, the initiating regulator cannot necessarily plan in advance for the program’s expiration, diminution, or scaling back. A successor instead wields this power. Whether one views this as a terrible thing or a salutary feature of democracy depends in part upon one’s relationship to the regulatory status quo, but also implicates broader questions about policy stability and democratic accountability. At the very least, however, this fact raises several important…

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