67 Am. U. L. Rev. 733 (2018)

*Edward B. Shils Professor of Law and Professor of Political Science, and Director, Penn Program on Regulation, University of Pennsylvania Law School.  I am grateful for assistance provided by Laurent Abergel, Justin Berg, and Kelly Funderburk, as well as John Boulé, Laura Collins, Jody A. Stafford, and other members of the staff of the American University Law Review.  This Article builds on testimony before the U.S. Senate Committee on Homeland Security and Government Affairs Subcommittee on Regulatory Affairs and Federal Management.  See Reviewing Independent Agency Rulemaking:  Hearing Before the Subcomm. on Regulatory Affairs and Fed. Mgmt. of the S. Comm. on Homeland Sec. and Gov’t Affairs, 114th Cong. 79 (2016) (statement of Cary Coglianese, Edward B. Shils Professor of Law, Director, Penn Program on Regulation, University of Pennsylvania).