Trump’s “Emergency” and the Constitution
The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.
The New Face of Title IX Due Process
Education Department’s proposed rule could transform procedural protections under Title IX.
In a Justice Department Shutdown, Some Agencies Can Still Litigate
Even during budget crises, federal law empowers agencies to use appropriations to defend civil cases.
OIRA Reinvigorated
Over the last two years, OIRA has made many positive contributions to the administrative state.
EPA Proposes Amendments to Obama-Era Emissions Rule
The proposed rule would increase carbon dioxide limits for certain coal-powered plants.
Judge Suspends Rules Expanding Exemptions to the Contraceptive Mandate
National injunction stops corporations from claiming religious or moral exemptions to birth control coverage.
New Approach to Affordable Care Act Waivers Causes Controversy
The Trump Administration encourages states to use “innovation waivers” to find new ways to lower costs.
Immigration Adjudication in the “Trump Era”
Scholar examines the former Attorney General’s increased political oversight of immigration courts.
Asylum and the Abuse of Administrative Law
The Trump Administration violated administrative procedure to overhaul asylum policy.
Federalism “Collisions” in Energy Policy
Differences between federal and state energy regulations will likely require judicial intervention.
Proposed Joint-Employer Rule May Restrict Workers’ Bargaining Power
Federal labor agency proposes a new rule to end confusion over the joint-employer standard.