Research | Cary Coglianese

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Cary Coglianese

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.

Administrative Law

“Antipolitics and the Administrative State,” Common Knowledge (forthcoming) (with Daniel E. Walters)
“Improving the Affirmative Disclosure of Agency Legal Materials,” Michigan Journal of Environmental and Administrative Law (forthcoming) (with Bernard W. Bell, Michael Herz, Margaret B. Kwoka & Orly Lobel)
“Public Participation and Environmental Regulation: Continuities, Changes, and Challenges,” Journal of Law and Public Affairs (forthcoming)
“Solving the Congressional Review Act’s Conundrum,” Administrative Law Review 75:79-103 (2023)
“Administrative Law: Governing Economic and Social Governance,” in Jonathan H. Hamilton, et al., eds., Oxford Research Encyclopedia of Economics and Finance (Oxford University Press, 2022)
“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
“Did Step Zero Help Doom Chevron?,” The Regulatory Review (June 13, 2022)
“Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19,” Administrative Law Review 73:1-18 (2021) (with Neysun A. Mahboubi)
“Administrative Law in the Automated State,” Dædalus 150(3): 104-120 (2021)
“Algorithmic Governance and Administrative Law,” in Woodrow Barfield, ed., Cambridge Handbook on the Law of Algorithms: Human Rights, Intellectual Property, Government Regulation 162-181 (Cambridge University Press, 2021) (with Steven M. Appel)
“Uncovering Agencies’ Hidden Unrules,” Administrative & Regulatory Law News 47: 5-7 (2021) (with Gabriel Scheffler and Daniel E. Walters)
“Unrules,” Stanford Law Review 73:885-967 (2021) (with Gabriel Scheffler and Daniel E. Walters)
“A Framework for Governmental Use of Machine Learning,” Report to the Administrative Conference of the United States (2020)
“Illuminating Regulatory Guidance,” Michigan Journal of Environmental and Administrative Law 9:243-318 (2020)
“Dimensions of Delegation,” University of Pennsylvania Law Review 167:1849-1889 (2019)
“Private Standards and the Benzene Case: A Teaching Guide,” Administrative Law Review 71:353-390 (2019) (with Gabriel Scheffler)
“Public Availability of Agency Guidance Documents,” Report to the Administrative Conference of the United States (2019)
“Transparency and Algorithmic Governance,” Administrative Law Review 71:1-56 (2019) (with David Lehr)
“Improving Regulatory Analysis at Independent Agencies,” American University Law Review 67:733-767 (2018)
“Chevron’s Interstitial Steps,” George Washington Law Review 85:1339-1391 (2017)
“Improving the Administrative State with Machine Learning,” Administrative & Regulatory Law News 42:7-9 (2017) (with David Lehr)
“Regulating by Robot: Administrative Decision-Making in the Machine Learning Era,” Georgetown Law Journal 105:1147-1223 (2017) (with David Lehr)
“The Emptiness of Decisional Limits: Reconceiving Presidential Control of the Administrative State,” Administrative Law Review 69:43-82 (2017)
“What Congress’s Repeal Efforts Can Teach Us About Regulatory Reform,” Administrative Law Review Accord 3:43-56 (2017) (with Gabriel Scheffler)
“Separation of Powers Legitimacy: An Empirical Inquiry into Norms About Executive Power,” University of Pennsylvania Law Review 164:1869-1910 (2016) (with Kristin Firth)
“The Bounds of Executive Discretion in the Regulatory State,” University of Pennsylvania Law Review 164:1587-1606 (2016) (with Christopher Yoo)
“Administrative Law: The U.S. and Beyond,” in James D. Wright, ed., International Encyclopedia of Social and Behavioral Sciences, 2d ed. (Elsevier, 2015)
Review, “Rulemaking’s Puzzles,” Jotwell.com (December 16, 2015) (reviewing Connor Raso, Agency Avoidance of Rulemaking Procedures)
“Enhancing Public Access to Online Rulemaking Information,” Michigan Journal of Environmental and Administrative Law 2:1-66 (2012)
Comment on Incorporation by Reference Submitted to the Office of the Federal Register, Docket No. NARA-12-0002 (May 30, 2012)
“Presidential Control of Administrative Agencies: A Debate over Law or Politics?,” Journal of Constitutional Law 12:637-649 (2010)
“The Transparency President? The Obama Administration and Open Government,” Governance 22:529-544 (2009)
“Transparency and Public Participation in the Federal Rulemaking Process,” George Washington University Law Review 77:924-972 (2009) (with Heather Kilmartin and Evan Mendelson)
“Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process,” in Viktor Mayer-Schoenberger and David Lazer, eds., From Electronic Government to Information Government: Governing in the 21st Century (MIT Press, 2007)
“Citizen Participation in Rulemaking: Past, Present, and Future,” Duke Law Journal 55:943-968 (2006)
“E-Rulemaking,” in Ari-Veikko Anttiroiko and Matti Malkia, eds., Encyclopedia of Digital Government (Idea, 2006)
“Unifying Rulemaking Information: Recommendations on the New Federal Docket Management System,” Administrative Law Review 57:621-645 (2005) (with Stuart Shapiro and Steven J. Balla)
“E-Rulemaking: Information Technology and the Regulatory Process,” Administrative Law Review 56:353-402 (2004)
“Is Satisfaction Success? Evaluating Public Participation in Regulatory Policy Making,” in Rosemary O’Leary and Lisa Bingham, eds., The Promise and Performance of Environmental Conflict Resolution 69-86 (Resources for the Future Press, 2003)
“Empirical Analysis and Administrative Law,” University of Illinois Law Review 2002:1111-1137 (2002)
“Administrative Law,” in Paul B. Baltes and Neil J. Smelser, eds., International Encyclopedia of Social and Behavioral Sciences 1:85-88 (Elsevier, 2001)
“Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter,” New York University Environmental Law Journal 9:386-447 (2001)
“Is Consensus an Appropriate Basis for Regulatory Policy?” in Eric Orts and Kurt Deketelaere, eds., Environmental Contracts: Comparative Approaches to Regulatory Innovation in the United States and Europe 93-113 (Kluwer Law International, 2001)
Amicus curiae brief filed with the Supreme Court of the United States in Browner v. American Trucking Associations, Inc., No. 99-1257, September 11, 2000 (with Gary Marchant and filed on behalf of 20 law professors, economists, and scientists)
“Assessing Consensus: The Promise and Performance of Negotiated Rulemaking,” Duke Law Journal 46:1255-1349 (1997)

Artificial Intelligence

Business law and antitrust

"AI for the Antitrust Regulator," Promarket (June 6, 2023)
“Algorithms and Competition in the Digital Economy,” e-Competitions Bulletin (with Alicia Lai)
“Antitrust by Algorithm,” Stanford Journal of Computational Antitrust 2:1-22 (2022) (with Alicia Lai)
“After the Scandals: Changing Relationships in Corporate Governance,” The ICFAI Journal of Corporate and Securities Law 4:9-17 (2007) (with Michael L. Michael)
“Legitimacy and Corporate Governance,” Delaware Journal of Corporate Law 32:167-175 (2007)
“The Role of Government in Corporate Governance,” NYU Journal of Law & Business 1:233-251 (2004) (with Elizabeth K. Keating, Michael L. Michael and Thomas J. Healey)

Compliance

Environmental regulation

Equity and ethics

International law and regulation

Law and society

Politics and the regulatory process

Private governance

Public administration and management

“Assessing Automated Administration,” in Justin Bullock et al., eds., Oxford Handbook of AI Governance (forthcoming) (with Alicia Lai)
“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
Regulating for a Better Tomorrow (Edward Elgar, forthcoming)
The Regulator’s Handbook (Brookings Institution Press, forthcoming)
“Algorithm vs. Algorithm,” Duke Law Journal 72:1281-1340 (2022) (with Alicia Lai)
“Building Better Compliance,” Texas Law Review Online 100:192-214 (2022)
“Managing Regulatory Institutions,” in Martino Maggetti, Fabrizio Di Mascio, Alessandro Natalini, eds., The Handbook on Regulatory Authorities (Edward Elgar, 2022)
“AI in Adjudication and Administration,” Brooklyn Law Review 86: 791-838 (2021) (with Lavi Ben Dor)
“A Framework for Governmental Use of Machine Learning,” Report to the Administrative Conference of the United States (2020)
“Getting the Blend Right: Public-Private Partnerships in Risk Management,” in Howard Kunreuther, Robert J. Meyer, and Erwann O. Michel-Kerjan, eds., The Future of Risk Management 325-343 (University of Pennsylvania Press, 2019)
“The Challenge of Regulatory Excellence,” in Cary Coglianese, ed., Achieving Regulatory Excellence 1-19 (Brookings Institution Press, 2017)
Achieving Regulatory Excellence (Brookings Institution Press, 2017)
“Listening, Learning, and Leading: A Framework for Regulatory Excellence,” Final Report of the Best-in-Class Regulator Initiative, Penn Program on Regulation (October 2015)
“Regulatory Excellence as ‘People Excellence,’” The Regulatory Review (October 23, 2015)
“Performance Track’s Postmortem: Lessons from the Rise and Fall of EPA’s ‘Flagship’ Volun-tary Program,” Harvard Environmental Law Review 38:1-86 (2014) (with Jennifer Nash)
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation (University of Pennsylvania Press, 2012)
Review, “E-Government and Inequality in Political Participation,” Jotwell.com (September 27, 2010) (reviewing Kay Lehman Schlozman, Sidney Verba, and Henry Brady, Weapon of the Strong? Participatory Inequality and the Internet)
“E-Rulemaking,” in Ari-Veikko Anttiroiko and Matti Malkia, eds., Encyclopedia of Digital Government (Idea, 2006)
“E-Rulemaking: Information Technology and the Regulatory Process,” Administrative Law Review 56:353-402 (2004)
“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

“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)
“Assessing Regulatory Excellence,” in Abha Yadav, ed., Regulatory Governance: Learning, Challenges, and Way Forward (Taylor & Francis, forthcoming)
“Evaluating Regulatory Performance,” Journal of Law and Public Affairs (forthcoming)
Regulating for a Better Tomorrow (Edward Elgar, forthcoming)
The Regulator’s Handbook (Brookings Institution Press, forthcoming)
Who Wins, Who Loses: Inequality and the Distribution of Regulatory Impacts (Brookings Institution Press, forthcoming)
“Social Science and the Analysis of Environmental Policy,” Review of Policy Research 37:573-604 (2020) (with Shana Starobin)
“Whither the Regulatory ‘War on Coal’? Scapegoats, Saviors, and Stock Market Reactions,” Ecology Law Quarterly 47:1-72 (2020) (with Daniel E. Walters)
“Improving Regulatory Analysis at Independent Agencies,” American University Law Review 67:733-767 (2018)
“Measuring Regulatory Excellence” in Cary Coglianese, ed., Achieving Regulatory Excellence 291-307 (Brookings Institution Press, 2017)
“Is Government Really Broken?” University of Pennsylvania Journal of Law and Public Affairs 1:68-96 (2016)
“Satisfaction is Not the Same as Policy Success,” The Regulatory Review (December 25, 2014)
“Moving Forward with Regulatory Lookback,” Yale Journal on Regulation (online) 30:57-66 (June 8, 2013)
“Regulation and Unemployment,” Wharton Public Policy Initiative Issue Brief 1(3):1-5 (March 2013)
“Thinking Ahead, Looking Back: Assessing the Value of Regulatory Impact Analysis and Procedures for its Use,” KLRI Journal of Law and Legislation 3:5-27 (2013)
Does Regulation Kill Jobs? (University of Pennsylvania Press, 2013) (with Adam M. Finkel and Christopher Carrigan)
“Improving Regulatory Performance through Ex Post Evaluation,” The Regulatory Review (August 27, 2012)
“Oversight in Hindsight: Assessing the U.S. Regulatory System in the Wake of Calamity,” in Cary Coglianese, ed., Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation 1-20 (University of Pennsylvania Press, 2012) (with Chris Carrigan)
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation (University of Pennsylvania Press, 2012)
“Evaluating the Performance of Regulation and Regulatory Policy,” Report to the Organization for Economic Cooperation and Development (2011)
“Let’s Review the Rules,” Los Angeles Times (April 29, 2011)
“The Rhetoric and Reality of Regulatory Reform,” Yale Journal of Regulation 25:85-95 (2008)
“Measuring Progress: Program Evaluation of Environmental Policies,” Environment 47(2):22-40 (2005) (with Lori Snyder Bennear)
“Program Evaluation of Environmental Policies: Toward Evidence-Based Decision Making,” in National Research Council, Social and Behavioral Science Research Priorities for Environmental Decision Making 246-273 (National Academies Press, 2005) (with Lori Snyder Bennear)
“Collective Silence and Individual Voice: The Logic of Information Games,” in Jac Heckelman and Dennis Coates, eds., Collective Choice: Essays in Honor of Mancur Olson 49-70 (Springer-Verlag, 2003) (with Edward Parson and Richard Zeckhauser)
“Bounded Evaluation: Cognition, Incoherence, and Regulatory Policy,” Stanford Law Review 54:1217-1238 (2002)
“Empirical Analysis and Administrative Law,” University of Illinois Law Review 2002:1111-1137 (2002)

Regulatory excellence

Risk management

Rule design and instrument choice

Structural constitutional law

Technology

Transparency

Unrules

Voluntary Programs

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