The Department of Justice’s Economic Analysis of Prison Rape by Lisa Heinzerling Despite initial signs suggesting a different path, the Obama Administration has promoted the role of cost-benefit analysis in regulatory policy as fiercely as any administration before it. Nothing demonstrates this more clearly, I think, than the Administration’s bizarre and unfortunate decision to apply cost-benefit analysis to measures to limit rape and sexual abuse. Last month, the Department of Justice issued a final rule on rape and sexual abuse in confinement facilities. The rule was required by the Prison Rape Elimination Act (“PREA”), a law passed by a unanimous…