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.
The Supreme Court’s “Exceptional” Term
Several of the Supreme Court’s recent decisions bolster agency power to alleviate regulatory obligations.
The Supreme Court’s 2020-2021 Regulatory Term
Scholars discuss some of the Court’s most significant regulatory decisions.
What Is the Future of Social Media Regulation?
Justice Thomas signals the potential for regulation of social media platforms and their power over speech.
A Trojan Horse from the Court’s Conservatives?
Far from being narrow, the U.S. Supreme Court’s latest LGBTQ+ decision may threaten government’s overall regulatory authority.
“LGBTQ+ Need Not Apply”
In a ruling last week, the U.S. Supreme Court moved closer to allowing LGBTQ+ discrimination.
Regulating Police Use of Deadly Force in the United States
Scholars argue that reform is needed to address the unjust practices of law enforcement officers.
Congressional Restoration of Tribal Civil Jurisdiction
Congress should enact a law that restores tribal regulatory and adjudicatory authority.
Religious Freedom or Pandemic Safety?
The Supreme Court blocked Governor Cuomo from enforcing COVID-19 restrictions on houses of worship.
Supreme Court Reinstates Barriers to Abortion by Telemedicine
The Court requires in-person visits for patients seeking medication abortion despite the risks of COVID-19.
Complicated Environmental Regulation in Indian Country
Federal and state environmental regulations ignore and exclude Native perspectives.