Congress Should Exclude Elected Insurrectionists
The legislature should use its constitutional authority under the Disqualification Clause to uphold democracy.
Antitrust and Law Schools’ Exit from U.S. News Rankings
As Yale, Harvard, and other law schools withdraw from U.S. News rankings, they can argue it is good for competition.
Reviving the Law of Networks, Platforms, and Utilities
A new casebook reintroduces tools to address critical issues in sectors such as transportation, energy, finance, and technology.
Public Input in the People’s House
Congress should use notice-and-comment rulemaking as a model for public input in the legislative process.
Is the Biggest Supreme Court Case This Term About Bacon?
In National Pork Council v. Ross, the Court questions whether states can ban products for moral reasons.
Putting the U.S. Administrative Procedure Act in Perspective
Efforts to modernize the APA should be approached with caution.
Perils of Comparative Administrative Law
Textualism represents a dangerous temptation for comparative analysis of administrative procedure.
Administrative Procedure Acts in Latin America
Administrative law faces unique challenges in Latin American “paper leviathans.”
Policymaking Accountability and the Emerging Authoritarian State
Changing norms about administrative appointments raise concerns about procedural fairness and accountability.
Policymaking Accountability in Nation States and International Bodies
Robust efforts to include the public in rulemaking are key to increasing democratic accountability.
Administrative Procedure in Europe
Comparative law scholars uncover similarities and differences in administrative procedure across Europe.
Broadening Access to COVID-19 Drugs
Regulators should expand the types of medical professionals who can prescribe COVID-19 drugs.