All Essays

Fixing Antitrust’s Indirect Purchaser Rule

A recent Supreme Court case allows end users to sue for antitrust violations.

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

The Supreme Court Holds the Line on Truth over Pretext

The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.

Correcting a Persistent Myth About the Law that Created the Internet

Scholar argues that section 230 of the Communications Decency Act applies to internet platforms regardless of their “neutrality.”

Week in Review

President Trump backs down from adding a citizenship question to the census, court rules that pharmaceutical companies are not required to disclose costs on television, and more…

The Sound of Silence

A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.

A Missed Opportunity in Securities Fraud Enforcement

The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

The Supreme Court’s 2018–2019 Regulatory Term

Commentators highlight the ramifications of the Court’s most significant regulatory cases.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.