All Essays

Week in Review

Week in Review

The Supreme Court reinstates Alabama’s voting maps, a federal court allows clinic referrals to abortion providers, and more…

The Data Revolutionizing Credit Scoring

The Data Revolutionizing Credit Scoring

Scholar argues that new data sources will expand credit access and raise issues of privacy and equity.

Piercing the Lawyers’ Monopoly

Piercing the Lawyers’ Monopoly

Scholars argue that state trial judges should lead efforts to deregulate legal representation.

Criminalizing Pregnancy Loss

Criminalizing Pregnancy Loss

Laws that impose criminal penalties for pregnancy loss regulate the conduct of pregnant people.

New Public Access to Court Records

New Public Access to Court Records

The Supreme Court of Oklahoma allows access to records as a matter of public policy.

Regulating the Legal Profession

Regulating the Legal Profession

Experts explore regulatory possibilities for the legal profession.

Week in Review

Week in Review

EPA announces power plant emissions limits, Europe proposes climate change rules, and more…

Improving the Process of Rulemaking

Improving the Process of Rulemaking

The OECD analyzes the progress of regulatory frameworks in member countries.

How Enrollment Algorithms Worsen the Student Debt Crisis

How Enrollment Algorithms Worsen the Student Debt Crisis

Scholar advocates regulating the use of enrollment management algorithms in higher education.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Allocating Surface Water Rights

Allocating Surface Water Rights

Experts discuss surface water rights in the United States.