All Essays

Week in Review

Week in Review

Ninth Circuit rules Second Amendment protects right to carry a gun in public, DOE expedites permitting of natural gas exports, and more…

Inconsistent Views on Waiving Rights in Employment

Inconsistent Views on Waiving Rights in Employment

The Court has set two different standards for when employees can waive their workplace rights.

Is There Any Role Left for Federal Regulation of Sports Wagering?

Is There Any Role Left for Federal Regulation of Sports Wagering?

Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.

The Implications of the Supreme Court’s Wayfair Decision

The Implications of the Supreme Court’s Wayfair Decision

In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.

Challenging the Anti-Regulatory Narrative

Challenging the Anti-Regulatory Narrative

The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.

Week in Review

Week in Review

The EU and Japan lift tariffs and agree to securely share data, FCC chairman red flags Sinclair-Tribune merger, and more…

The Rise of Arbitration and the Fall of Employment Claims

The Rise of Arbitration and the Fall of Employment Claims

Recent research suggests mandatory arbitration clauses have undermined employment rights.

Right-to-Work Reaches Public Unions

Right-to-Work Reaches Public Unions

Court holds that agency fees are compelled speech prohibited by the First Amendment.

The End of Challenges to Partisan Gerrymandering

The End of Challenges to Partisan Gerrymandering

Challenges to redistricting are unlikely to be successful after recent Supreme Court decisions.

Measuring Bias in the Administration of Justice

Measuring Bias in the Administration of Justice

While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.

Week in Review

Week in Review

President Trump nominates Judge Brett Kavanaugh for the Supreme Court, Trump Administration announces additional tariffs on China, and more…