All Essays

A Champagne by Any Other Name

A Champagne by Any Other Name

EU quality schemes protect agricultural products tied to certain areas against food fraud.

Week in Review

Week in Review

The Trump Administration restricts travel from Europe, Congress blocks rule limiting student debt relief, and more…

Regulating Backyard Breeders

Regulating Backyard Breeders

Scholar favors ending unregulated small-volume dog breeding.

A Reply to Our Interlocutors

A Reply to Our Interlocutors

A response to a lively debate on the modern administrative state.

Punishing the Innocent

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

Regulate Non-Competes by Administrative Adjudication

Regulate Non-Competes by Administrative Adjudication

The FTC should use adjudications to establish policy on employment non-compete clauses.

Can the U.S. Outpace Disease Outbreaks?

Can the U.S. Outpace Disease Outbreaks?

In the United States, disease outbreaks challenge emergency preparedness.

Week in Review

Week in Review

Congress passes a funding package of $8.3 billion to contain the coronavirus, the Supreme Court will hear a case on the Affordable Care Act’s individual mandate, and more…

Institutional Gridlock

Institutional Gridlock

Without structural change, Congress will remain unable to legislate effectively.

Delegation and Time … and Staff

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

Current Law Helps Shield Attorney General From Independent Review

Current Law Helps Shield Attorney General From Independent Review

A government watchdog office needs authority to investigate issues related to federal prosecutions.