Opinion

Constitutional Challenges to Agency Adjudication

Constitutional Challenges to Agency Adjudication

The Supreme Court grants district-court jurisdiction in an opinion hampering agencies’ adjudicatory authority.

What’s Left, And What’s Next, for Racial Diversity in College Admissions

What’s Left, And What’s Next, for Racial Diversity in College Admissions

The Supreme Court has severely limited more than 45 years of precedent holding it constitutional for colleges and universities to consider race in admissions.

The Supreme Court’s Wetland Saga Continues

The Supreme Court’s Wetland Saga Continues

Rejecting federal agencies’ interpretation of the Clean Water Act, the Supreme Court limits the application of federal law over wetlands.

Supreme Court Unlocks New Path to Relief for Disabled Students

Supreme Court Unlocks New Path to Relief for Disabled Students

The Supreme Court confirms an alternative avenue for disabled students to enforce their rights to receive an equitable education.

For Now, Court Is Cool with California in Charge

For Now, Court Is Cool with California in Charge

The Supreme Court narrowly rejects a Dormant Commerce Clause challenge to a California pork law.

Patents Do Not Bar Public Pharma Policies

Patents Do Not Bar Public Pharma Policies

Merck misconstrues patent law in its recent Takings Clause challenge to Medicare’s price negotiation program.

Punting Social Media Company Liability to Congress

Punting Social Media Company Liability to Congress

The Supreme Court affirms social media companies’ business models, dodging for now the issue of liability for harmful speech.

The Troubled Teen Industry’s Troubling Lack of Oversight

The Troubled Teen Industry’s Troubling Lack of Oversight

The federal government must step in to regulate an industry fraught with youth abuse.

Bringing Professional Regulation Into the Future

Bringing Professional Regulation Into the Future

Ireland’s Chief Nursing Officer endorses a flexible and compassionate approach to health care regulation.

Threats to Administrative Competence

Threats to Administrative Competence

Civil servants report that the Trump Administration posed an existential threat to expertise in the federal bureaucracy.

Technology, Not Subsidies, Is the Key to Electrification

Technology, Not Subsidies, Is the Key to Electrification

Proponents of electrification often overlook its economic drawbacks, including inefficiencies from subsidizing new technologies.

AI and the Antitrust Regulator

AI and the Antitrust Regulator

Antitrust regulators can improve their performance by relying on responsible use of artificial intelligence tools.