Simplicity Trumps Logical Coherence
The Supreme Court upholds its concededly “incorrect” ban on post-expiration patent royalties.
The Supreme Court’s Regulatory Term
The Regulatory Review highlights the regulatory decisions from the Supreme Court’s past term.
A Bleak Future for Class Actions?
A researcher warns that waivers in business contracts could harm plaintiffs’ power to sue.
The Supreme Court Scrutinizes EPA Regulation
At oral arguments, Justices question whether EPA considered costs of regulation at the right time.
Counting Benefits at the High Court
Considering the costs and benefits of regulation should include indirect effects in the calculation.
Supreme Court Weighs When Agencies Must Consider Costs
EPA’s consideration of costs in regulating toxic air pollutants should prove sufficient.
High Court Hears Debate Over Costs and Benefits of Regulating Air Pollution
The Regulatory Review features commentaries on this term’s oral arguments in Michigan v. EPA.
Supreme Court Regulatory Cases to Watch
In its upcoming term, Supreme Court will decide key regulatory issues.
When a State Agency is Not a State Actor
The U.S. Supreme Court will decide when a state agency is immune from federal antitrust law.
Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
General Permits and the Regulation of Greenhouse Gases
Recent Supreme Court decision misses a climate change solution that could satisfy all parties.