The End of the Chevron Era
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
Supreme Court Needlessly Expands U.S. Statute of Limitations
In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.
Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit
The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.
SEC Adjudication of Securities Fraud Held Unconstitutional
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
What Is Left of Agency Adjudication After Jarkesy?
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
Financial Self-Determination for Native Nations
A Supreme Court decision enhances Native Nations’ self-determination by requiring the federal government to reimburse certain healthcare costs.
The Court Reaffirms that Agencies Cannot Rewrite Laws
New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.
Bissonnette and the Future of Federal Arbitration
The Court delivers a victory for truck-drivers and other transportation workers.
Legislative Exactions
The Court unanimously agrees that the Nollan/Dolan test applies to administrative and legislative exactions.
Why the Court’s CFPB Decision Is Correct and Important
The Supreme Court upholds the funding structure of the Consumer Financial Protection Bureau.
The Supreme Court’s 2023-2024 Regulatory Term
Scholars and practitioners assess the Court’s most significant regulatory decisions of its recently concluded term.
Balancing Punishment and Persuasion
John Braithwaite discusses his research in regulation and criminology and ideas for future research.