The Rise of Arbitration and the Fall of Employment Claims
Recent research suggests mandatory arbitration clauses have undermined employment rights.
Right-to-Work Reaches Public Unions
Court holds that agency fees are compelled speech prohibited by the First Amendment.
The End of Challenges to Partisan Gerrymandering
Challenges to redistricting are unlikely to be successful after recent Supreme Court decisions.
Measuring Bias in the Administration of Justice
While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.
Lucia Turns Out to Be Much Ado About Nothing
The Court’s decision about administrative judges skirts major separation of powers questions.
The Quagmire Created by National Association of Manufacturers v. DOD
Ruling may lead to protracted and conflicting litigation over EPA’s Clean Water Rule.
Federalism Comes Out as the Winner in Murphy v. NCAA
The Supreme Court’s ruling on sports betting has broad implications for anti-commandeering issues.
Continuing to Trade One Form of Discrimination for Another
The Supreme Court again decries one form of discrimination while upholding another.
The Supreme Court’s 2017–2018 Regulatory Term
Analysts offer insights about the Court’s most important regulatory decisions of the past term.
Is the Captive Audience Doctrine the Key to Regulating Harassment?
Scholar explores a new legal basis for regulating street and cyber-harassment.
Headless Agency Adjudication at the Patent Office
Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.
The Travel Ban in Court
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.