Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
Fixing Antitrust’s Indirect Purchaser Rule
A recent Supreme Court case allows end users to sue for antitrust violations.
The Supreme Court Holds the Line on Truth over Pretext
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
The Sound of Silence
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.
A Missed Opportunity in Securities Fraud Enforcement
The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.
Gundy, Nondelegation, and Never-Ending Hope
The intelligible principle standard lives to see another day—but for how long remains unclear.
The Supreme Court’s 2018–2019 Regulatory Term
Commentators highlight the ramifications of the Court’s most significant regulatory cases.
Could the Common Law Help Combat Climate Change?
Scholars argue that as EPA deregulates, nuisance suits could replace traditional environmental regulation.
Will the Affordable Care Act Die by Non-Enforcement?
U.S. cities file suit to force the Trump Administration to keep Obamacare alive.
Police Departments Adopt Automated DNA Testing
Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.