All Essays

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.

The Court acknowledges governments’ increasing interests in regulating online speech but provides little guidance.

The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.

Richard Lazarus discusses the implications of a shift in the Supreme Court’s attitude toward environmental regulations.

Scholars, politicians, and advocates expose maternal health care disparities and propose regulatory solutions.

President Biden proposes reforms to the Supreme Court, New York bans realistic active shooter drills in schools, and more….

An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.

A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.

In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.

The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.

The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.

A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.