Supreme Court

Constraining the President’s Appointment Power

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

The Supreme Court’s 2016–2017 Regulatory Term

The Supreme Court’s 2016–2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

A Look at States’ Roles in Administrative Constitutionalism

A Look at States’ Roles in Administrative Constitutionalism

Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.

Adjudicating by Algorithm, Regulating by Robot

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Regulatory reform bill’s public hearing requirement will hinder agencies’ attempts to regulate.

Looking More Closely at the Platypus of Formal Rulemaking

Looking More Closely at the Platypus of Formal Rulemaking

Legal scholar argues that the oft-criticized formal rulemaking process has virtues in proper settings.

When Public Health Abuses Public Funds

When Public Health Abuses Public Funds

The Supreme Court declines to resolve issue of whether state hospitals can be sued for false insurance claims.

A Good Effort, with One Glaring Flaw

A Good Effort, with One Glaring Flaw

Regulatory reform bill’s requirement of oral evidentiary hearings for rulemakings may prove to be ineffective.

Partisans or Peacocks?

Partisans or Peacocks?

Oral argument transcripts may reveal Supreme Court Justices’ motivations for speaking.

Can You Start a Lawsuit by Mail?

Can You Start a Lawsuit by Mail?

The U.S. Supreme Court will soon decide a case involving the interpretation of a key civil litigation treaty.

The Role of Federal Judges in the Modern Administrative State

The Role of Federal Judges in the Modern Administrative State

Judge Gorsuch’s confirmation hearings offer a key opportunity to examine a judge’s philosophy on the judiciary’s proper role under the Constitution.

Closing the Courthouse Door to Victims of Police Abuse

Closing the Courthouse Door to Victims of Police Abuse

A number of Supreme Court doctrines make it difficult for citizens to sue police officers and their government employers.