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The Troubling Prospect of “Behavioral” Regulation Open Access

Soon after taking office, President Obama sent a memorandum to the heads of Executive Departments and Agencies requesting their recommendations on whether and how to change President Clinton’s Executive Order No. 12866 “Regulatory Planning and Review.” Clinton’s Executive Order established procedures for issuing regulations, and also codified a regulatory philosophy that, for at least 40 years, has represented a bipartisan consensus on the role that federal regulation should play in our lives.

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