The Coming Decline of Anti-Regulatory Conservatism
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Week in Review
The Trump Administration tightens asylum restrictions, the Third Circuit upholds a stay on expanded religious exemptions for employer health care plans, and more…
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
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.