All Essays

Improving Protections for Native Religious Sites and Rights

Improving Protections for Native Religious Sites and Rights

Scholars argue religious liberty laws should stop the federal government from destroying Native sacred sites.

Returning to Agency Deference in Communications Law

Returning to Agency Deference in Communications Law

With its Prometheus decision, the U.S. Supreme Court centered agency deference in reasonableness.

Taking the Regulatory Crisis in the Amazon Seriously

Taking the Regulatory Crisis in the Amazon Seriously

Environmental regulatory rollbacks harm Brazil’s Amazon and its Indigenous communities.

Giving California v. Texas the Attention It Deserved

Giving California v. Texas the Attention It Deserved

The Supreme Court’s latest ACA case was properly dismissed, but a waste of time.

The Collapse of Champlain Towers South Was a Regulatory Failure

The Collapse of Champlain Towers South Was a Regulatory Failure

Lack of regulation contributed to the collapse of the Champlain Towers South building.

The Supreme Court’s “Exceptional” Term

The Supreme Court’s “Exceptional” Term

Several of the Supreme Court’s recent decisions bolster agency power to alleviate regulatory obligations.

The Supreme Court’s 2020-2021 Regulatory Term

The Supreme Court’s 2020-2021 Regulatory Term

Scholars discuss some of the Court’s most significant regulatory decisions.

Regulating Drugs at a Discount

Regulating Drugs at a Discount

Scholars examine the effectiveness of the contentious 340B Drug Pricing Program.

Week in Review

Week in Review

President Biden signs an executive order to strengthen antitrust enforcement, FDA commissioner requests a federal investigation of a new Alzheimer’s drug, and more…

Should Regulatory Violations Ever Be Criminal Offenses?

Should Regulatory Violations Ever Be Criminal Offenses?

Scholar argues that delegation of criminal authority is less dangerous to the public than critics claim.

Reversing a Midnight Expansion of the Death Penalty

Reversing a Midnight Expansion of the Death Penalty

The Biden Administration is expected to withdraw last-minute Trump Administration death penalty regulation.

Administrative Control and Consumer Exploitation in Standard Form Contracts

Administrative Control and Consumer Exploitation in Standard Form Contracts

Agencies should scrutinize one-sided terms in standard form contracts to ensure consumer protection.