All Essays

Week in Review

The EU and Japan lift tariffs and agree to securely share data, FCC chairman red flags Sinclair-Tribune merger, and more…

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.

Week in Review

President Trump nominates Judge Brett Kavanaugh for the Supreme Court, Trump Administration announces additional tariffs on China, and more…

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 2018 Regulatory Term

Analysts offer insights about the Court’s most important regulatory decisions of the past term.

Week in Review

EPA Administrator Scott Pruitt resigns, Trump Administration rescinds guidance documents, and more…