All Essays

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Allocating Surface Water Rights

Allocating Surface Water Rights

Experts discuss surface water rights in the United States.

Week in Review

Week in Review

OSHA withdraws rule requiring COVID-19 vaccine and testing mandates for larger businesses, Justice Breyer announces retirement, and more…

Watchdog Highlights Challenges of Medicare Payment Program

Watchdog Highlights Challenges of Medicare Payment Program

Congressional accountability office reviews first three years of value-based health care program.

Algorithmic Safeguards For the People and By the People

Algorithmic Safeguards For the People and By the People

The White House seeks public input on a “bill of rights for an automated society.”

An Electric Solution for Low-Income Residents

An Electric Solution for Low-Income Residents

Federal programs should better protect low-income residents from rising energy costs.

Vaccine Mandates and Roads Not Taken

Vaccine Mandates and Roads Not Taken

Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.

Is the United States Over Overdraft Fees?

Is the United States Over Overdraft Fees?

Experts discuss the regulation of bank overdraft fees.

Week in Review

Week in Review

The Energy Department launches an electric transmission initiative, the Agriculture Department announces a wildfire prevention plan, and more…

Regulating the Defense Industry’s Revolving Door

Regulating the Defense Industry’s Revolving Door

GAO recommends the U.S. Department of Defense amend regulations restricting lobbying by former personnel.

Threatening Chevron Deference Threatens Government as a Whole

Threatening Chevron Deference Threatens Government as a Whole

Scholar argues that overruling deference to agencies will constrain U.S. government action.

Ending the Virtual School-to-Prison Pipeline

Ending the Virtual School-to-Prison Pipeline

Civil rights attorney examines legal issues presented by virtual school disciplinary policies.