Process

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

Scholars argue changing global attitudes and U.S. legal culture have impacted white-collar prosecutions.

Scholar argues that society is best off when regulators punish violations after the fact.

Administrative agencies should not be required to use a process that has been obsolete for decades.

Scholar argues that regulators should try to impose penalties before rule violations can hurt society.

Basic principles of American government limit the political role of administrative agencies in legislative debates.

Independent agencies should mirror executive branch practices to overcome judicial scrutiny.

Supreme Court limits agency’s ability to demand repayment of illegal gains.

Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.

Supreme Court holds that government cannot discriminate against offensive trademarks.

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.