Opinion

Pruitt’s Super-Polluting Parting Shot

Pruitt’s Super-Polluting Parting Shot

Former EPA Administrator’s last action may foreshadow the agency’s future plans for regulating pollution.

Regulatory Reform Under Reagan and Trump

Regulatory Reform Under Reagan and Trump

Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.

Inconsistent Views on Waiving Rights in Employment

Inconsistent Views on Waiving Rights in Employment

The Court has set two different standards for when employees can waive their workplace rights.

Is There Any Role Left for Federal Regulation of Sports Wagering?

Is There Any Role Left for Federal Regulation of Sports Wagering?

Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.

The Implications of the Supreme Court’s Wayfair Decision

The Implications of the Supreme Court’s Wayfair Decision

In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.

Challenging the Anti-Regulatory Narrative

Challenging the Anti-Regulatory Narrative

The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.

Right-to-Work Reaches Public Unions

Right-to-Work Reaches Public Unions

Court holds that agency fees are compelled speech prohibited by the First Amendment.

The End of Challenges to Partisan Gerrymandering

The End of Challenges to Partisan Gerrymandering

Challenges to redistricting are unlikely to be successful after recent Supreme Court decisions.

Measuring Bias in the Administration of Justice

Measuring Bias in the Administration of Justice

While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.

Lucia Turns Out to Be Much Ado About Nothing

Lucia Turns Out to Be Much Ado About Nothing

The Court’s decision about administrative judges skirts major separation of powers questions.

The Quagmire Created by National Association of Manufacturers v. DOD

The Quagmire Created by National Association of Manufacturers v. DOD

Ruling may lead to protracted and conflicting litigation over EPA’s Clean Water Rule.