Opinion

A Judicial Threat to Conservation

A Judicial Threat to Conservation

The recent nullification of environmental regulations by a federal court sets a dangerous precedent.

A Voluntary Coda

A Voluntary Coda

Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.

Private Standards and the Benzene Case

Private Standards and the Benzene Case

A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.

Incorporated Standards in a Federal System

Incorporated Standards in a Federal System

When state and local officials incorporate voluntary codes and standards, they still need to watch out for federal preemption.

Introducing Incorporation by Reference

Introducing Incorporation by Reference

Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.

Teaching Standard Essential Patents

Teaching Standard Essential Patents

In-depth course module opens the door for law students to the increasingly vital world of voluntary standards.

Law’s Interaction with Voluntary Codes and Standards

Law’s Interaction with Voluntary Codes and Standards

Voluntary codes and standards affect many important aspects of the law and the legal system.

Why the SEC is Wrong About Implied Preclusion

Why the SEC is Wrong About Implied Preclusion

Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.

A Tale of Two Cities’ Diversifying Economies

A Tale of Two Cities’ Diversifying Economies

Nevada offers a case study of how states can succeed in attracting new employers.

Using Insurance to Regulate Food Safety

Using Insurance to Regulate Food Safety

Insurance underwriters can help farmers manage the risk of microbial contamination in their fields.

How Regulators Should Supervise Software

How Regulators Should Supervise Software

The CFTC and other regulators should evaluate with caution proposals to automate financial transactions.

Do Not Blame Us

Do Not Blame Us

Court disregards the Clean Air Act’s clear language in applying the major questions doctrine to curb EPA’s climate authority.