Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
Constraining the SEC’s Enforcement Options
Supreme Court limits agency’s ability to demand repayment of illegal gains.
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.
An Empirical Analysis of the Establishment of Independent Agencies
A divided government may not fully explain the creation of agencies not directly controllable by the President.
Achieving Agency Compliance
Scholar examines the role of contempt findings in ensuring agency compliance with court orders.
When Federal Agencies Do Not Answer to Courts
Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.
The Future of Countercyclical Regulation
Scholars evaluate the viability of adjusting regulations to accommodate changes in economic conditions.
The Constitutional Executive Order on Regulatory Budgets
President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.