Supreme Court

Regulating Safety After Merck v. Albrecht

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

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 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

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

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

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

A Turning Point in the Deference Wars

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Gundy, Nondelegation, and Never-Ending Hope

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

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?

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?

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

Police Departments Adopt Automated DNA Testing

Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.