Opinion

Introducing Incorporation by Reference

Introducing Incorporation by Reference

Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.

Teaching Standard Essential Patents

Teaching Standard Essential Patents

In-depth course module opens the door for law students to the increasingly vital world of voluntary standards.

Law’s Interaction with Voluntary Codes and Standards

Law’s Interaction with Voluntary Codes and Standards

Voluntary codes and standards affect many important aspects of the law and the legal system.

Why the SEC is Wrong About Implied Preclusion

Why the SEC is Wrong About Implied Preclusion

Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.

A Tale of Two Cities’ Diversifying Economies

A Tale of Two Cities’ Diversifying Economies

Nevada offers a case study of how states can succeed in attracting new employers.

Using Insurance to Regulate Food Safety

Using Insurance to Regulate Food Safety

Insurance underwriters can help farmers manage the risk of microbial contamination in their fields.

How Regulators Should Supervise Software

How Regulators Should Supervise Software

The CFTC and other regulators should evaluate with caution proposals to automate financial transactions.

Do Not Blame Us

Do Not Blame Us

Court disregards the Clean Air Act’s clear language in applying the major questions doctrine to curb EPA’s climate authority.

Legislators as Defendants but Not as Plaintiffs

Legislators as Defendants but Not as Plaintiffs

The Supreme Court increased potential intervening defendants when it implicitly protected voter ID laws.

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.  

Nostalgia for Agency Expertise

Nostalgia for Agency Expertise

Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.

A Review of Health Care in the Court

A Review of Health Care in the Court

Several U.S. Supreme Court cases from this past term have significant implications for the provision of medical care.