“What’s Your Problem?”: Building an Evidence-Based System of Regulatory Analysis from the Bottom-Up

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Abstract This article is part of a larger series that is dedicated to the memory of Dr. Jerry Ellig, with whom I had the pleasure of working on multiple occasions. It explores the concept of regulatory subsidiarity, which involves pushing regulatory power down from centralized governments to state, local, tribal, and other governments. It explains how this approach both promotes policy tailoring and facilitates regulatory experimentation, allowing policy makers to test which interventions produce the best results. Finally, it considers how regulatory subsidiarity has proven itself outside of the U.S. and can succeed within the U.S. as well.