All Essays

EPA Will Say Anything to Avoid Addressing Climate Change

EPA Will Say Anything to Avoid Addressing Climate Change

New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.

Week in Review

Week in Review

FTC announces a $5 billion fine against Facebook, USDA proposes a rule to end automatic SNAP eligibility, and more…

Labor Department Sides with the Gig Economy

Labor Department Sides with the Gig Economy

Opinion letter finds a gig economy company’s workers are independent contractors.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.

Cost-Benefit Analysis According to the Trump Administration

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

The Coming Decline of Anti-Regulatory Conservatism

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

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

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

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

Fixing Antitrust’s Indirect Purchaser Rule

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

Endangered Deference

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 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.