Judge Kavanaugh and Administrative Law
What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?
Tainted Review
Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.
Crossing the Regulatory Divide to Enhance Societal Well-Being
Requiring EPA cost-benefit analysis could ensure that regulations do more good than harm.
Regulating Instagram Posts
Author argues that FTC disclosure rules may infringe upon endorsers’ right to free speech.
Nuclear Energy at the Forefront of States’ Clean Energy Policies
Expert argues that courts should not strike down state programs that subsidize nuclear power plants.
The Changing Meaning of Transparency
Scholar argues that despite progressive roots, U.S. transparency laws have taken an anti-government focus.
Elections Have Consequences, on Future Elections
The Supreme Court’s approval of Ohio’s voting roll purge will limit voter turnout in future elections.
Shunting Aside Chevron Deference
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
Inconsistent Views on Waiving Rights in Employment
The Court has set two different standards for when employees can waive their workplace rights.
Is There Any Role Left for Federal Regulation of Sports Wagering?
Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.
The Implications of the Supreme Court’s Wayfair Decision
In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.
Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens
Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.