Putting Brains on the Witness Stand
Neuroscientific evidence in the courtroom may test judges and standards of admissibility.
A Fili-Busted Balance of Power
The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.
The Road to Clean Air Is a Toll Road
Scholar argues that legal barriers should not prevent cities from using congestion pricing to curb traffic.
An Early History of Rulemaking Power
Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.
States Regain Regulatory Power Over Predatory Loan Servicers
The Education Department’s new interpretation of federal law empowers states to protect student loan borrowers.
Only Federal Regulation Can Ensure Fair Elections
Congress should use its constitutionally granted authority to regulate elections and protect democracy.
Election Officials as Regulators of Voting Access
Legislative backlash against election officials poses serious implications for democracy.
Red State Lawmakers Preempt Campaign Finance Laws in Blue Cities
Republican states with major democratic metropolitan centers forestall local efforts to reform election law.
A Voting Rights Faustian Bargain
Democrats should accept voter ID in exchange for Republican support of national voting standards.
Brnovich and Its Implications
The Supreme Court’s decision in Brnovich v. Democratic National Committee signals a new era of restrictive voting laws.
A New Approach to FTC Antitrust Regulation
Scholar proposes a no-collusion rule to limit tacit collusion.
Modernizing SNAP After the Pandemic
The pandemic highlighted the importance of food security and what policymakers should do to strengthen it.