Latest Interpretation of Clean Water Act Creates Circuit Split
Courts disagree over the Clean Water Act’s applicability to the discharge of pollutants into groundwater.
Keeping Fraudulent Shrimp Out of Your Cocktail
The U.S. government is clamping down on seafood fraud and illegal fishing for shrimp imports.
New Front in the Labor War Between Uber and Its Drivers
Rideshare drivers in Philadelphia take their challenge for employee status to the Third Circuit.
The Medical Marijuana Delusion
Regulation of marijuana has been based on a false distinction for almost a century.
Week in Review
Supreme Court will hear case on deference to agencies, EPA and Army Corps of Engineers propose new definition to “waters of the United States,” and more…
Agency Independence Under Egypt’s New Media Law
Recent legislation raises constitutional issues concerning presidential power over independent agencies.
The Independence of Egypt’s Consumer Protection Agency
New law implicates the political insulation, structure, and power of Egypt’s consumer protection regulator.
Preserving Clinician Discretion Under Health Privacy Regulation
HIPAA does not stop health care providers from disclosing patient information to provide better care.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Who Gets to Define the Crime?
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.