All Essays

Expanded Deference, Diminished Review, Relief Restricted

Expanded Deference, Diminished Review, Relief Restricted

Urias-Orellana narrows asylum review, raising the stakes for judicial oversight.

Jockeying for Control of AI Data Centers

Jockeying for Control of AI Data Centers

Lawmakers at various levels of government seek decisionmaking authority over whether and where data centers are built.

Legislative History and Implied Causes of Action in Retreat

Legislative History and Implied Causes of Action in Retreat

Saba Capital reveals how statutory interpretation shapes investor power and fund accountability.

Preserving the Adjudicative Capacity of Non-Article III Tribunals

Preserving the Adjudicative Capacity of Non-Article III Tribunals

After Trump v. Slaughter, can non-Article III tribunals survive presidential control?

EPA-Approved Pesticide Labels Reign Supreme

EPA-Approved Pesticide Labels Reign Supreme

The Supreme Court’s Durnell decision strengthens federal control over pesticide warning labels.

The End of NRC Independence and the Future of Nuclear Safety

The End of NRC Independence and the Future of Nuclear Safety

Can nuclear safety survive presidential control after the demise of NRC independence?

The Fight for the Future of Birthright Citizenship

The Fight for the Future of Birthright Citizenship

Battles over the meaning of the Citizenship Clause will continue to rage, with the Supreme Court at its center.

Regulating Transportation in an Era of Change

Regulating Transportation in an Era of Change

Leslie Richards explores regulatory and policy shifts in the transportation sector.

A Posthumous Reexamination of Humphrey’s Executor

A Posthumous Reexamination of Humphrey’s Executor

Scholars discuss the future of agency independence following a recent ruling on for-cause removal protections.

The Tariff Case and the Major Questions Doctrine

The Tariff Case and the Major Questions Doctrine

After Learning Resources, the major questions doctrine appears more tenuous.

Week in Review

Week in Review

President Trump signs executive order about domestic production, HHS defers Medicaid payments, and more…

Misframing the Trump-Era Appropriations Battles

Misframing the Trump-Era Appropriations Battles

Appropriations should serve as substantive limits on executive power.