The Court’s Environmental Evolution
Richard Lazarus discusses the implications of a shift in the Supreme Court’s attitude toward environmental regulations.
The Growing Crisis of Maternity Care Deserts
Scholars, politicians, and advocates expose maternal health care disparities and propose regulatory solutions.
Week in Review
President Biden proposes reforms to the Supreme Court, New York bans realistic active shooter drills in schools, and more….
What the Starbucks Decision Means for the NLRB
An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.
Supreme Court Allows Cities to Punish Homelessness
A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.
Supreme Court Needlessly Expands U.S. Statute of Limitations
In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.
Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit
The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.
SEC Adjudication of Securities Fraud Held Unconstitutional
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
What Is Left of Agency Adjudication After Jarkesy?
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
Safeguarding Endangered Species
Scholars discuss methods to combat the threat climate change poses to vulnerable species.
Week in Review
The Fifth Circuit strikes down a FCC funding program for low-income internet users, the D.C. Circuit upholds an EPA emissions reduction strategy, and more…
Financial Self-Determination for Native Nations
A Supreme Court decision enhances Native Nations’ self-determination by requiring the federal government to reimburse certain healthcare costs.