COVID-19 and Uncertainties in the Value Per Statistical Life
Uncertainties in value per statistical life estimates impact the extent to which COVID-19 policies yield net benefits.
Toward a “Unitary Executive” Vision of Article II?
The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.
Regulation, Delegation, and the Affordable Care Act
Empirical study of the ACA’s implementation provides insight into the delegation of policymaking authority.
Abortion Restrictions After June Medical Services
A concurring opinion leaves the standard for determining the constitutionality of abortion restrictions in doubt.
Rethinking Benefit-Cost Analysis for COVID-19
The normative foundations of the value of statistical life render it an insufficient tool to analyze pandemic-related policies.
Court Weighs in on Pipeline Crossing Appalachian Trail
The Supreme Court rules that the Forest Service can approve natural gas pipelines crossing the Appalachian Trail.
Consumers Win Assurance of Important Protection From Securities Fraud
The Supreme Court reaffirms lower courts’ ability to claw-back profits from violators of securities laws.
A 21st Century Update to Digital Copyright Law
A recent U.S. Copyright Office report reviews a key provision of the Digital Millennium Copyright Act.
Does the Sharing Economy Share Too Much?
Scholar recommends consumer protection laws to combat misuse of data in the sharing economy.
Reason Trumps Pretext
Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.
The Administrative State Is Neglecting Regulatory Benefits
Scholar argues for regulatory reforms grounded in an intense focus on net benefits.
DACA and the Limits of Good Governance
Administrative law principles led the Supreme Court to deliver a victorious but unsatisfying and uncertain conclusion for migrants.