All Essays

Lessons for Deference From the Telephone Consumer Protection Act

Lessons for Deference From the Telephone Consumer Protection Act

The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.

A Merits Non-Dodge

A Merits Non-Dodge

The Supreme Court sides with the Nuclear Regulatory Commission on procedural grounds but signals support for its licensing authority.

Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.

Proposed OSHA Rule Is Dangerous for Workers and the Law

Proposed OSHA Rule Is Dangerous for Workers and the Law

A proposed rule that rolls back protections for workers sends a troubling signal about regulatory reforms.

Venue in Clean Air Act Challenges

Venue in Clean Air Act Challenges

Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.

Trans Rights and the Future of Sex Discrimination Law

Trans Rights and the Future of Sex Discrimination Law

The Supreme Court considers how the equal protection doctrine applies to transgender individuals.

Recent Legislation Reveals President Trump’s Regulatory Approach

Recent Legislation Reveals President Trump’s Regulatory Approach

President Trump’s latest legislative victory reveals an inefficient approach to deregulating markets.

Dismantling Barriers to Police Accountability

Dismantling Barriers to Police Accountability

Scholars discuss regulating to help ensure accountability for police misconduct.

Week in Review

Week in Review

EPA proposes eliminating greenhouse gas regulation, judges issue further nationwide injunctions on birthright citizenship, and more…

Climate Denialism Dressed Up as Law

Climate Denialism Dressed Up as Law

EPA’s attempts to reinterpret the Clean Air Act are detrimental to fighting climate change.

Will Ignoring the Pro-Veteran Canon Make It Go Away?

Will Ignoring the Pro-Veteran Canon Make It Go Away?

The Supreme Court’s refusal to strengthen protections for veterans will have a lasting impact.

Consistently Inconsistent

Consistently Inconsistent

Two recent Supreme Court decisions present conflicting perspectives on “ghost guns.”