The Value of Public Participation in Rulemaking
Appearing before agencies affords the public an important opportunity to have a genuine impact on the law.
The Public’s Role in Administrative Law
Public participation in the rulemaking process serves a vital role in improving the law.
Navigating Sales Taxes in Online Markets
States reconsider traditional sales tax requirements for e-commerce retailers.
Regulating the Family by Regulating Labor
Scholar argues that U.S. labor regulation historically has been grounded in gendered assumptions about families.
The Legal Risks of Regulating Climate Change at the Subnational Level
State and local regulators will face challenges in trying to pick up the slack after a federal withdrawal from the Paris Agreement.
The CFPB’s Final Arbitration Rule Run Amok
New rule will raise costs, harming businesses, consumers, and the court system.
The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking
Administrative agencies should not be required to use a process that has been obsolete for decades.
Supreme Court Clarifies Test for Evaluating Useful Articles
Decision may have implications for the protection of other industrial designs.
Constraining the SEC’s Enforcement Options
Supreme Court limits agency’s ability to demand repayment of illegal gains.
New York Law Regulates Business Owners’ Speech
Justices unanimously decide that a New York law prohibiting credit card surcharges regulates speech.
Equal Footing as Equal Protection
Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.
Constraining the President’s Appointment Power
Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.