All Essays

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Week in Review

Week in Review

President Biden issues an executive order to protect reproductive health care access, New York State Supreme Court rules against the New York Department of Health’s quarantine procedures, and more…

Is Chevron Deference Still Alive?

Is Chevron Deference Still Alive?

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

Court Allows Administration to End “Remain in Mexico”

Court Allows Administration to End “Remain in Mexico”

DHS has discretion to end its policy requiring noncitizens to wait in Mexico pending their immigration proceedings.

A Dangerous, Even if Expected, Opinion on Climate

A Dangerous, Even if Expected, Opinion on Climate

The Supreme Court casts a shadow across the regulatory state in opinion limiting EPA’s ability to fight climate change.

Firearms Regulation through Constitutional Litigation

Firearms Regulation through Constitutional Litigation

The Supreme Court applies a contested history of firearms regulation to evaluate the constitutionality of firearms restrictions.

A Risk-Based Approach to AI Procurement

A Risk-Based Approach to AI Procurement

Organizations should tailor contract requirements for procured AI systems based on levels of risk.

Constitutional Commitments to Aspirational Principles

Constitutional Commitments to Aspirational Principles

The majority’s reasoning in Dobbs v. Jackson Women’s Health entrenches the historical failures of the United States.

The Supreme Court’s 2021-2022 Regulatory Term

The Supreme Court’s 2021-2022 Regulatory Term

Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.

Regulating the Digital Divide

Regulating the Digital Divide

Experts discuss lack of internet access and potential solutions on how to best bridge digital divide.

Week in Review

Week in Review

The Justice Department sues Arizona over voting restriction, President Biden announces an updated rule for union pension plans, and more…

The Hidden Governance in AI

The Hidden Governance in AI

Measurement modeling could further the government’s understanding of AI policymaking tools.