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
Successful governing today—and in the future—depends on officials adopting an agile mindset.
To Be Agile, Think Pragmatically
Recent efforts to promote agile governance have deep roots in American pragmatism.
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
By taking enforcement actions, the Federal Trade Commission can set standards for algorithmic fairness and nondiscrimination.
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
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
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
The U.S. Supreme Court holds that states lack standing to challenge immigration prioritization guidelines.
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
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
Rejecting federal agencies’ interpretation of the Clean Water Act, the Supreme Court limits the application of federal law over wetlands.