Process

The Flaws in Jarkesy and Why Certain Civil Penalties May Survive

The Flaws in Jarkesy and Why Certain Civil Penalties May Survive

Scholar argues that civil penalties under environmental laws may survive Seventh Amendment challenges.

The Landscape of Voting Rights

The Landscape of Voting Rights

Joshua Sellers offers insight on the current state of U.S. election law and voting rights on the eve of the U.S. presidential election.

Textual Tensions in the Vesting Thesis

Textual Tensions in the Vesting Thesis

The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.

Election Security and Misinformation Regulation

Election Security and Misinformation Regulation

Scholars discuss legal solutions and limits for targeting election misinformation.

A Fresh Look at the President’s Procurement Power

A Fresh Look at the President’s Procurement Power

Despite recent skepticism, the President’s broad authority over federal contractors will remain.

Valuing Animal Life in Regulatory Impact Analyses

Valuing Animal Life in Regulatory Impact Analyses

Scholar argues that regulators should value the lives of animals in their benefit-cost analyses.

Achieving Gender Parity

Achieving Gender Parity

Rangita de Silva de Alwis discusses the state of women in leadership positions around the globe.

Revealing the Submerged Administrative State

Revealing the Submerged Administrative State

The hidden nature of the administrative state contributes to misperceptions of important government policies.

A System for Effective Rule Design

A System for Effective Rule Design

Scholar proposes a rule design framework for defining the regulator-regulatee relationship.

Supreme Court Should Not Review Phony Separation of Powers Case

Supreme Court Should Not Review Phony Separation of Powers Case

The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.

A Legal Earthquake

A Legal Earthquake

With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.

The Imperial Supreme Court

The Imperial Supreme Court

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.