Important Changes at the Intersection of Antitrust and Administrative Law
Supreme Court changes in administrative law create uncertainty for new antitrust guidance from federal regulators.
Religious Freedom on Death Row
A recent U.S. Supreme Court case highlights death row inmates’ contested religious rights at executions.
The Misuse of History to Undercut the Modern Regulatory State
Originalist arguments for rewriting administrative law are weaker than they seem.
Major Questions and Juristocracy
In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.
Rejecting Two-Faced Explanations by Agencies
Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.
Reexamining the Renewable Fuel Standard in Letter and Spirit
In a recent case, the Supreme Court failed to address the purpose of exemptions from EPA’s renewable fuel standard.
Applying the Takings Clause to Regulatory Access
The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.
The Appointment and Removal Litigation Ecosystem
Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.
AMG Aftershocks
The repercussions of a recent Supreme Court decision could affect future trade regulations.
Heavy on the “Mayo,” But No Hot Sauce
CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.
Returning to Agency Deference in Communications Law
With its Prometheus decision, the U.S. Supreme Court centered agency deference in reasonableness.
Giving California v. Texas the Attention It Deserved
The Supreme Court’s latest ACA case was properly dismissed, but a waste of time.