Category:Journal of Regulatory Compliance
Administrative Agencies and the Fight Over Regulatory Control
The regulatory state has expanded from the time of our founding. After the growth of industry and the expansion of interstate trade, the government understandably sought new ways to address increasingly complex problems. New agencies were created, such as the Environmental Protection Agency, the Food and Drug Administration, and the Federal Trade Commission (EPA, FDA , and FTC) who were charged with regulating different areas of commerce. This outgrowth was necessary to address changes in American markets. Over recent years, however, this expansion has become overly complex and has given too much authority to administrative agencies. In 2022 the state of West Virginia sought to rein in the regulatory powers of administrative agencies in the landmark Supreme Court case West Virginia v. EPA.
Chicago’s Battle for Affordable Housing
As Chicago grapples with a severe affordable housing shortage—an estimated 119,000 units short—the city continues to experiment with policy solutions. More than half of Chicagoans are rent-burdened, meaning they spend over 30% of their income on rent and utilities. In response, city leaders have turned to tax abatements and zoning mandates to increase the supply of affordable housing. Two key programs—the Affordable Housing Special Assessment Program (AHSAP) and the Affordable Requirements Ordinance (ARO)—represent different approaches to tackling this crisis. Chicago’s affordable housing crisis requires a multifaceted approach, and while the AHSAP and ARO offer valuable incentives and mandates, neither alone is sufficient to address the city’s deep-rooted affordability and racial equity challenges.
Executive Order 14216: What it Means for the Regulatory State
On February 18, 2025, President Donald Trump signed Executive Order 14216, titled “Ensuring Accountability for All Agencies,” mandating that independent federal agencies route their rules and new actions through the Office of Management and Budget (OMB). The order aims to enhance presidential oversight over agencies that traditionally operate with a degree of autonomy, like as the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and Federal Communications Commission (FCC). The order signifies a substantial shift in the dynamics of the American regulatory state.
The New World of Sports Gambling: A Need for More Rules and Regulations on a National Level
It has been quite the whirlwind since the 2018 landmark case of Murphy, Governor of New Jersey v. National Collegiate Athletic Association. It ultimately declared The Professional and Amateur Sports Protection Act (PASPA) of 1992 to be in violation of the Tenth Amendment of the United States Constitution. The act effectively outlawed sports betting across the nation, with a few exceptions. The Supreme Court held that PASPA conflicted with the Anti-Commandeering Doctrine of the Tenth Amendment. Additionally, the Court held that the power to regulate this type of activity must be reserved solely to the several states. Since this decision, 38 states and the District of Columbia have legalized sports betting in various forms, with 29 states authorizing online or mobile bets. The rapid growth of the sports gambling industry has brought opportunities for both sports fans, as well as new revenue sources for states. However, it has also exemplified the urgent need for more federal regulation. There are newfound risks to the integrity of sports, a rise in the rates of gambling addiction, all while it becomes increasingly difficult to ensure fair market practice regulations.