The CFPB’s Final Arbitration Rule Run Amok
New rule will raise costs, harming businesses, consumers, and the court system.
The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking
Administrative agencies should not be required to use a process that has been obsolete for decades.
Trump’s Proposed Transgender Ban Breaks Faith with Service Members
President Trump’s transgender ban for the military is misguided and potentially illegal.
The FTC and Net Neutrality’s Plan B
Would the FTC be an effective body for regulating Internet openness?
Why Cabinet Secretaries Should Not Threaten Members of Congress
Basic principles of American government limit the political role of administrative agencies in legislative debates.
Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
Supreme Court Raises the Bar for Students with Disabilities
Court unanimously revises its approach to students’ individualized education plans.
Restricting Race-Conscious Redistricting
Two decisions by the Supreme Court impose new limits on racial redistricting.
Equal Footing as Equal Protection
Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.
Mulvaney Is Right to Call for More Money for OMB
Expanding a White House office could help shrink the whole federal government.
The First Amendment Protects Offensive Trademarks
Supreme Court holds that government cannot discriminate against offensive trademarks.