The author of more than 300 articles, book chapters, reports, and essays, Cary Coglianese has produced leading research on a broad range of administrative law and regulatory policy issues, including climate change, artificial intelligence, public participation and open government, private standards, and the role of waivers and exemptions in regulatory law.
Key Research Links
Research Topics
Administrative Law
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“Antipolitics and the Administrative State,” Common Knowledge (forthcoming) (with Daniel E. Walters)
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“Solving the Congressional Review Act’s Conundrum,” Administrative Law Review 75:79-103 (2023)
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“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
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“Did Step Zero Help Doom Chevron?,” The Regulatory Review (June 13, 2022)
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“Administrative Law in the Automated State,” Dædalus 150(3): 104-120 (2021)
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“Unrules,” Stanford Law Review 73:885-967 (2021) (with Gabriel Scheffler and Daniel E. Walters)
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“Dimensions of Delegation,” University of Pennsylvania Law Review 167:1849-1889 (2019)
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“Chevron’s Interstitial Steps,” George Washington Law Review 85:1339-1391 (2017)
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“Citizen Participation in Rulemaking: Past, Present, and Future,” Duke Law Journal 55:943-968 (2006)
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“Empirical Analysis and Administrative Law,” University of Illinois Law Review 2002:1111-1137 (2002)
Artificial Intelligence
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“Assessing Automated Administration,” in Justin Bullock et al., eds., Oxford Handbook of AI Governance (forthcoming) (with Alicia Lai)
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“Regulating Machine Learning: The Challenge of Heterogeneity,” TechReg Chronicle 17-27 (February 2023)
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“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
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“Moving Toward Personalized Law,” University of Chicago Law Review Online (2022)
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“Administrative Law in the Automated State,” Dædalus 150(3): 104-120 (2021)
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“AI in Adjudication and Administration,” Brooklyn Law Review 86: 791-838 (2021) (with Lavi Ben Dor)
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“Regulating New Tech: Problems, Pathways, and People,” TechReg Chronicle 65-73 (December 2021)
Business law and antitrust
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“Algorithms and Competition in the Digital Economy,” e-Competitions Bulletin (with Alicia Lai)
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“Legitimacy and Corporate Governance,” Delaware Journal of Corporate Law 32:167-175 (2007)
Environmental regulation
Equity and ethics
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“Antipolitics and the Administrative State,” Common Knowledge (forthcoming) (with Daniel E. Walters)
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“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
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Achieving Regulatory Excellence (Brookings Institution Press, 2017)
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“Implications of Liberal Neutrality for Environmental Policy,” Environmental Ethics 20:41-61 (1998)
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Review, Michigan Law Review 88: 1662-67 (1990) (reviewing Robert Dahl, Democracy and Its Critics)
International law and regulation
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“Private Codes and Standards,” in Krista Nadakavukaren and Thomas Cottier, eds., Encyclopedia of International Economic Law (Edward Elgar, forthcoming)
Politics and the regulatory process
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“Antipolitics and the Administrative State,” Common Knowledge (forthcoming) (with Daniel E. Walters)
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The Regulator’s Handbook (Brookings Institution Press, forthcoming)
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“The Rhetoric and Reality of Regulatory Reform,” Yale Journal of Regulation 25:85-95 (2008)
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Regulation and Regulatory Processes (Ashgate, 2007) (with Robert A. Kagan)
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“Citizen Participation in Rulemaking: Past, Present, and Future,” Duke Law Journal 55:943-968 (2006)
Private governance
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“Private Codes and Standards,” in Krista Nadakavukaren and Thomas Cottier, eds., Encyclopedia of International Economic Law (Edward Elgar, forthcoming)
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“Standards and the Law,” Standardization: Journal of Research and Innovation 2:15-20 (2023)
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“Environmental Soft Law as a Governance Strategy,” Jurimetrics 61:19-51 (2020)
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“Private Standards and the Benzene Case,” Codes-and-Standards.org (2018) (with Gabriel Scheffler)
Public administration and management
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“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
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Regulating for a Better Tomorrow (Edward Elgar, forthcoming)
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The Regulator’s Handbook (Brookings Institution Press, forthcoming)
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“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
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“Building Better Compliance,” Texas Law Review Online 100:192-214 (2022)
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“AI in Adjudication and Administration,” Brooklyn Law Review 86: 791-838 (2021) (with Lavi Ben Dor)
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Achieving Regulatory Excellence (Brookings Institution Press, 2017)
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“Regulatory Excellence as ‘People Excellence,’” The Regulatory Review (October 23, 2015)
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“Seeking Truth for Power: Informational Strategy and Regulatory Policy Making,” Minnesota Law Review 89:277-341 (2004) (with Richard Zeckhauser and Edward Parson)
Regulatory analysis and evaluation
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“Peer Review Comments on the Proposed Updates to OMB Circular A-4,” submitted to the Office of Information and Regulatory Affairs in the Office of Management and Budget (July 24, 2023)
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“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
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“Evaluating Regulatory Performance,” Journal of Law and Public Affairs (forthcoming)
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Regulating for a Better Tomorrow (Edward Elgar, forthcoming)
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The Regulator’s Handbook (Brookings Institution Press, forthcoming)
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“Satisfaction is Not the Same as Policy Success,” The Regulatory Review (December 25, 2014)
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“Regulation and Unemployment,” Wharton Public Policy Initiative Issue Brief 1(3):1-5 (March 2013)
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“Let’s Review the Rules,” Los Angeles Times (April 29, 2011)
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“The Rhetoric and Reality of Regulatory Reform,” Yale Journal of Regulation 25:85-95 (2008)
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“Empirical Analysis and Administrative Law,” University of Illinois Law Review 2002:1111-1137 (2002)
Regulatory excellence
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“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
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“Regulating New Tech: Problems, Pathways, and People,” TechReg Chronicle 65-73 (December 2021)
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“What Regulators Can Learn from Global Health Governance,” Global Health Governance 16:14-33 (2021)
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Achieving Regulatory Excellence (Brookings Institution Press, 2017)
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“Regulatory Excellence as ‘People Excellence,’” The Regulatory Review (October 23, 2015)
Rule design and instrument choice
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“Moving Toward Personalized Law,” University of Chicago Law Review Online (2022)
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“Unrules,” Stanford Law Review 73:885-967 (2021) (with Gabriel Scheffler and Daniel E. Walters)
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“Is Flexible Regulation an Oxymoron?,” The Regulatory Review (July 30, 2012)
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“Regulation’s Four Core Components,” The Regulatory Review (September 17, 2012)
Technology
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“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
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“Moving Toward Personalized Law,” University of Chicago Law Review Online (2022)
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“AI in Adjudication and Administration,” Brooklyn Law Review 86: 791-838 (2021) (with Lavi Ben Dor)
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“Regulating New Tech: Problems, Pathways, and People,” TechReg Chronicle 65-73 (December 2021)
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“Information Technology and Regulatory Policy,” Social Science Computer Review 22:85-91 (2004)