All Essays

Regulating Tribal Waters Without Attacking Tribal Sovereignty

Regulating Tribal Waters Without Attacking Tribal Sovereignty

Scholar argues that the Clean Water Act can protect water resources and tribal jurisdiction.

Antitrust Enforcement of Startup Acquisitions

Antitrust Enforcement of Startup Acquisitions

Scholars urge antitrust enforcement against technology firms that acquire startups.

Replacing the World’s Most Important Number

Replacing the World’s Most Important Number

Replacing the primary international interest rate poses risks, but policymakers are ready for the challenge.

Utility Ratemaking for Racial Justice

Utility Ratemaking for Racial Justice

Performance-based ratemaking could help lessen racial inequities in energy burdens.

Regulating Student Loans to Promote Racial Equity

Regulating Student Loans to Promote Racial Equity

Experts examine the need for student loan reform that addresses the debt crisis facing students of color.

Week in Review

Week in Review

The CDC updates its mask guidance for vaccinated individuals, President Biden requires federal employees to reveal their vaccination status, and more…

Is Advanced Recycling a Cure-All or a License to Pollute?

Is Advanced Recycling a Cure-All or a License to Pollute?

A new recycling law faces criticism from environmental groups and praise from plastics manufacturers.

Reexamining the Renewable Fuel Standard in Letter and Spirit

Reexamining the Renewable Fuel Standard in Letter and Spirit

In a recent case, the Supreme Court failed to address the purpose of exemptions from EPA’s renewable fuel standard.

Can Personal Injury Plaintiffs Regulate Dangerous Chemicals?

Can Personal Injury Plaintiffs Regulate Dangerous Chemicals?

Scientific research generated by civil settlements could help drive future EPA regulation.

Applying the Takings Clause to Regulatory Access

Applying the Takings Clause to Regulatory Access

The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.

Regulatory Sandboxes Slowed the Spread of COVID-19

Regulatory Sandboxes Slowed the Spread of COVID-19

Scholar claims that regulatory sandboxes such as emergency use authorizations boost innovation, but at a cost.

The Appointment and Removal Litigation Ecosystem

The Appointment and Removal Litigation Ecosystem

Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.