All Essays

Regulating the Legal Profession

Regulating the Legal Profession

Experts explore regulatory possibilities for the legal profession.

Week in Review

Week in Review

EPA announces power plant emissions limits, Europe proposes climate change rules, and more…

Improving the Process of Rulemaking

Improving the Process of Rulemaking

The OECD analyzes the progress of regulatory frameworks in member countries.

How Enrollment Algorithms Worsen the Student Debt Crisis

How Enrollment Algorithms Worsen the Student Debt Crisis

Scholar advocates regulating the use of enrollment management algorithms in higher education.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Allocating Surface Water Rights

Allocating Surface Water Rights

Experts discuss surface water rights in the United States.

Week in Review

Week in Review

OSHA withdraws rule requiring COVID-19 vaccine and testing mandates for larger businesses, Justice Breyer announces retirement, and more…

Watchdog Highlights Challenges of Medicare Payment Program

Watchdog Highlights Challenges of Medicare Payment Program

Congressional accountability office reviews first three years of value-based health care program.

Algorithmic Safeguards For the People and By the People

Algorithmic Safeguards For the People and By the People

The White House seeks public input on a “bill of rights for an automated society.”

An Electric Solution for Low-Income Residents

An Electric Solution for Low-Income Residents

Federal programs should better protect low-income residents from rising energy costs.

Vaccine Mandates and Roads Not Taken

Vaccine Mandates and Roads Not Taken

Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.