Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
Supreme Court Clarifies Test for Evaluating Useful Articles
Decision may have implications for the protection of other industrial designs.
Constraining the SEC’s Enforcement Options
Supreme Court limits agency’s ability to demand repayment of illegal gains.
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.
New York Law Regulates Business Owners’ Speech
Justices unanimously decide that a New York law prohibiting credit card surcharges regulates speech.
Equal Footing as Equal Protection
Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.
The First Amendment Protects Offensive Trademarks
Supreme Court holds that government cannot discriminate against offensive trademarks.
Constraining the President’s Appointment Power
Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.
The Supreme Court’s 2016–2017 Regulatory Term
Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.
The Dangers of Formulaic Deregulation
Executive Order 13,771 could lead to incidents like the Grenfell Tower fire in the United States.
Learning from International Agreements and Domestic Missteps
Scholar argues U.S.-China trade agreements fill regulatory gaps left by both countries.