Lessons in Presidential Authority
President Trump’s last executive actions and President Biden’s early ones reveal fleeting nature of executive power.
The Universal Injunction Debate
Can a single judge lawfully prevent the entire government from enforcing a regulation?
The Constitutionality of Federal Regulation in Indian Country
A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.
Critical Race Theory and the Trust Responsibility
Critical race theory training is essential for fulfilling the U.S. government’s moral and fiduciary obligation to Tribes.
To Democratize Regulation, Reform Regulatory Analysis
Regulators must incorporate public values into their cost-benefit analyses.
The Most Significant Indian Law Decision in a Century
A recent Supreme Court decision will have major implications for regulatory authority over tribal land in Oklahoma.
The Irrationality of Market Failure Theory
The economic principles underlying cost-benefit analysis exclude future impacts.
The Role of Law, Not Just the Rule of Law
The law should complement—not control—private decision-making.
Controversy in Cascadia
A rushed federal building sale could restrict access to critical regulatory documents in the U.S. Pacific Northwest.
Regulatory Reset
The Biden memorandum signals continuity in some areas of regulatory practice and dramatic shifts in others.
Flipping the Mission of Regulatory Review
President Biden’s memo could transform the mission of regulatory review by expanding OIRA’s role.
Rejecting the Trump Anticanon of Regulatory Mismanagement
The Biden memo on improving regulatory review reintroduces competent, bipartisan cost-benefit analysis.