The Trump Administration’s Weaponization of the “Major Questions” Doctrine
Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.
Factoring Equity into Benefit-Cost Analysis
Distributional weighting shows how benefit-cost analysis can be improved.
The Absence of Black Financial Regulators
Scholar argues that U.S. financial regulatory agencies must reflect the people they serve.
Executive Authority to Forgive Student Loans Is Not So Simple
The Secretary of Education’s legal authority to grant across-the-board loan forgiveness is unclear.
The Regulation of Stolen Cultural Artifacts
Experts address weaknesses and inconsistencies in the U.S. regulation of looted cultural artifacts.
Improve the Social Cost of Carbon, Do Not Replace It
Despite some scholars’ criticisms, the social cost of carbon is a useful tool for crafting U.S. climate policy.
Promoting Indian Child Welfare Through Inquiry and Data
Data collection on Native American involvement in adoption and foster care is needed to remedy courts’ failures.
Rules for Acknowledging a Broken Trust
In the battle for self-determination, unrecognized Indian tribes can petition for federal acknowledgment.
Unsettled Consequences of the McGirt Decision
A Supreme Court decision raises new questions about tribal jurisdiction in land disputes.
Congressional Restoration of Tribal Civil Jurisdiction
Congress should enact a law that restores tribal regulatory and adjudicatory authority.
Regulatory Recognition of Native Histories
Judicial disregard of Native Nations’ ethnohistory frustrates the purpose of federal law protecting Native remains.
Shaping Administrative Process and Metrics of Ambition
President Biden’s first executive actions provide lessons on presidential authority and ambition.