Opinion

Big Oil Fights New Environmental Law in California

Big Oil Fights New Environmental Law in California

The oil and gas industry attempts to quash a California law protecting residents from extraction wells.

Guidance for Regulators on the Major Questions Doctrine

Guidance for Regulators on the Major Questions Doctrine

To avoid potential legal challenges, agencies should take even more care in their regulatory planning, review, and communication.

The Supreme Court’s Climate Ruling is Not a Calamity

The Supreme Court’s Climate Ruling is Not a Calamity

Supreme Court decision hinders but does not halt agency action to address climate change.

Supreme Court Considers Case Against Agencies Run Amok

Supreme Court Considers Case Against Agencies Run Amok

In Axon v. FTC, the Supreme Court will consider how district courts can hear constitutional challenges against agencies.

Congress Should Exclude Elected Insurrectionists

Congress Should Exclude Elected Insurrectionists

The legislature should use its constitutional authority under the Disqualification Clause to uphold democracy.

Antitrust and Law Schools’ Exit from U.S. News Rankings

Antitrust and Law Schools’ Exit from U.S. News Rankings

As Yale, Harvard, and other law schools withdraw from U.S. News rankings, they can argue it is good for competition.

Reviving the Law of Networks, Platforms, and Utilities

Reviving the Law of Networks, Platforms, and Utilities

A new casebook reintroduces tools to address critical issues in sectors such as transportation, energy, finance, and technology.

Public Input in the People’s House

Public Input in the People’s House

Congress should use notice-and-comment rulemaking as a model for public input in the legislative process.

Is the Biggest Supreme Court Case This Term About Bacon?

Is the Biggest Supreme Court Case This Term About Bacon?

In National Pork Council v. Ross, the Court questions whether states can ban products for moral reasons.

Putting the U.S. Administrative Procedure Act in Perspective

Putting the U.S. Administrative Procedure Act in Perspective

Efforts to modernize the APA should be approached with caution.

Perils of Comparative Administrative Law

Perils of Comparative Administrative Law

Textualism represents a dangerous temptation for comparative analysis of administrative procedure.

Administrative Procedure Acts in Latin America

Administrative Procedure Acts in Latin America

Administrative law faces unique challenges in Latin American “paper leviathans.”