A Dream Deferred
An uncertain future awaits the federal program designed to benefit children of immigrants.
Closing a Concocted Clean Water Act Loophole
Congressional intent and clear statutory text promote common-sense enforcement of federal water regulations.
The Supreme Court’s 2019-2020 Regulatory Term
Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.
Debating Independent Agencies
The upcoming Supreme Court case challenging the constitutionality of the CFPB highlights modern debates about independent agencies.
Street-Level Administrative Constitutionalism
Front-line workers in federal agencies play a key role in applying the Constitution to administrative cases.
Administrative Constitutionalism’s Lessons
The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.
Is Regulation Good for Business?
Former CFPB Director argues that businesses often prefer clear prescriptive rules over general standards.
The Clean Water Act Might Just Survive This Latest Attack
Recent U.S. Supreme Court oral arguments provide hope for the future of Clean Water Act enforcement.
Could DHS Rescind DACA Based On Litigation Risk?
Agency predictions of court behavior are not always a tenable justification for rescission.
Kavanaugh’s First-Year Report Card
In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.
The Coming Decline of Anti-Regulatory Conservatism
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.