Two Cheers for Recess Appointments
The Supreme Court lets the president down easy in NLRB v. Noel Canning.
Supreme Court Decision Strikes Compromise in Greenhouse Gas Case
EPA’s authority to regulate greenhouse gas emissions is left largely intact, but agency faces rebuke.
Supreme Court to Hear FTC Challenge to Licensing Board
Dispute over teeth-whitening regulations may expand federal antitrust authority over states.
Supreme Court Confronts Interstate Air Pollution Regulation
The Court hears oral arguments on legal challenge to EPA rule requiring states to keep pollution from affecting their neighbors.
The Supreme Court Should Avoid a Constitutional Ruling in Noel Canning
The Court should allow the political process to resolve recess appointments controversy.
Taking Targeted Immunity Statutes Seriously
Recent Supreme Court rulings provide insight into variable tort litigation outcomes.
Week in Review
Obama releases climate change plan, Supreme Court finds DOMA unconstitutional, and more…
Supreme Court Reaffirms Agency Discretion in Interpreting Regulations
Court concludes EPA reasonably interpreted its regulations governing logging road runoff
Can Land Use Permit Conditions Constitute a Regulatory Taking?
The Supreme Court hears arguments over acceptable conditions for development permits.
States Waiting to Decide on Medicaid Expansion
Majority of states appear to be waiting until after next week’s election.
Reconciling Brown v. Gardner and Chevron
How to fix a statutory interpretation anomaly arising in veterans’ law cases.