All Essays

Week in Review

Week in Review

Supreme Court will hear case on deference to agencies, EPA and Army Corps of Engineers propose new definition to “waters of the United States,” and more…

Agency Independence Under Egypt’s New Media Law

Agency Independence Under Egypt’s New Media Law

Recent legislation raises constitutional issues concerning presidential power over independent agencies.

The Independence of Egypt’s Consumer Protection Agency

The Independence of Egypt’s Consumer Protection Agency

New law implicates the political insulation, structure, and power of Egypt’s consumer protection regulator.

Managing the Monster

Managing the Monster

Lawmakers should be trained to limit excessive regulation.

Preserving Clinician Discretion Under Health Privacy Regulation

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

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?

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

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

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

Evaluating the Grand Bargain

Triaging serious cases and simplifying criminal procedure could raise significant risks.

Misdemeanor Cases Need Lawyers Too

Misdemeanor Cases Need Lawyers Too

Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.

Reforming Criminal Justice by Reforming Lawyers

Reforming Criminal Justice by Reforming Lawyers

Revamping the regulation of legal services might be a first step toward overhauling criminal justice.