Opinion

Using Machine Learning to Improve the U.S. Government

Governmental use of artificial intelligence can fit well within existing administrative law constraints.

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Regulating Genetic Self-Experimentation as Biomedical Research

Better oversight is needed of the “biohacking” that individuals perform on themselves.

EPA Will Say Anything to Avoid Addressing Climate Change

New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

The Coming Decline of Anti-Regulatory Conservatism

The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Fixing Antitrust’s Indirect Purchaser Rule

A recent Supreme Court case allows end users to sue for antitrust violations.

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

The Supreme Court Holds the Line on Truth over Pretext

The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.