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.
Week in Review
DOJ re-examines the legality of including a citizenship question on the 2020 census, President Trump signs a bill protecting taxpayers’ rights, and more…
The Problem of Health Information Inequity
Scholar argues that the poor and elderly are most vulnerable to health data security breaches.
Could the Common Law Help Combat Climate Change?
Scholars argue that as EPA deregulates, nuisance suits could replace traditional environmental regulation.