Opinion

Regulation Must Become Agile to Remain Relevant

Regulation Must Become Agile to Remain Relevant

By applying principles from software development, regulators can improve regulatory performance in a fast-changing world.

Agile Government is a Gateway to the Future

Agile Government is a Gateway to the Future

Successful governing today—and in the future—depends on officials adopting an agile mindset.

To Be Agile, Think Pragmatically

To Be Agile, Think Pragmatically

Recent efforts to promote agile governance have deep roots in American pragmatism.

Corporate Home Buyers Restrict Widespread Homeownership

Corporate Home Buyers Restrict Widespread Homeownership

Private equity firms buy homes in droves but diminish homeownership opportunities for families in the process.

Fighting Discrimination from Unfair Algorithms

Fighting Discrimination from Unfair Algorithms

By taking enforcement actions, the Federal Trade Commission can set standards for algorithmic fairness and nondiscrimination.

The Innovation-Inducing Effects of Carbon Pricing

The Innovation-Inducing Effects of Carbon Pricing

Taxing carbon emissions, although unpopular, may be the best way to fund the fight against climate change.

303 Creative and Constitutional Law by Stipulation

303 Creative and Constitutional Law by Stipulation

The Supreme Court undercut antidiscrimination law in a case where the key issues were stipulated by the parties, leaving lower courts little guidance in how to apply its ruling.

With Its Student Loan Decision, the Court Again Limits Agency Authority

With Its Student Loan Decision, the Court Again Limits Agency Authority

In Biden v. Nebraska, the Supreme Court again asserts its own authority to make society’s most important policy choices.

Standing and Vacatur in U.S v. Texas

Standing and Vacatur in U.S v. Texas

The U.S. Supreme Court holds that states lack standing to challenge immigration prioritization guidelines.

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.