Preserving Clinician Discretion Under Health Privacy Regulation
HIPAA does not stop health care providers from disclosing patient information to provide better care.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Who Gets to Define the Crime?
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.
Week in Review
Funeral services take place for former President George H.W. Bush, President Trump and Chinese President Xi Jinping pause tariff increases for 90 days, and more…
Evaluating the Grand Bargain
Triaging serious cases and simplifying criminal procedure could raise significant risks.
Misdemeanor Cases Need Lawyers Too
Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.
Reforming Criminal Justice by Reforming Lawyers
Revamping the regulation of legal services might be a first step toward overhauling criminal justice.
Preventing Error Requires Not Just More Resources, But Better Incentives Too
Improving legal representation in criminal cases requires focusing on prosecutors as well as defenders.
Week in Review
The Department of Education publishes proposed rule amending Title IX regulations, EPA Acting Administrator rejects skepticism of man-made climate change, and more…
Immigration Adjudication in the “Trump Era”
Scholar examines the former Attorney General’s increased political oversight of immigration courts.