Supreme Court to Review Notice Requirements for Medicare Payment Rules
Court’s ruling could determine the procedure for changing hospital reimbursement formulas.
Make Benefit-Cost Analysis Meaningful
Regulatory benefit-cost analysis should account for people’s welfare, not just empirical data.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Who Gets to Define the Crime?
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.
Evaluating the Grand Bargain
Triaging serious cases and simplifying criminal procedure could raise significant risks.
Misdemeanor Cases Need Lawyers Too
Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.
Reforming Criminal Justice by Reforming Lawyers
Revamping the regulation of legal services might be a first step toward overhauling criminal justice.
Preventing Error Requires Not Just More Resources, But Better Incentives Too
Improving legal representation in criminal cases requires focusing on prosecutors as well as defenders.
Rebooting Justice for Inmate Litigants
Suggested legal system reform could help inmates pursue civil rights claims.
A Simpler and Less Adversarial System Would Be More Just
Improving the justice system requires more than just using technology and relaxing requirements for lawyers.