Opinion

Fighting Discrimination from Unfair Algorithms

Fighting Discrimination from Unfair Algorithms

By taking enforcement actions, the Federal Trade Commission can set standards for algorithmic fairness and nondiscrimination.

The Innovation-Inducing Effects of Carbon Pricing

The Innovation-Inducing Effects of Carbon Pricing

Taxing carbon emissions, although unpopular, may be the best way to fund the fight against climate change.

303 Creative and Constitutional Law by Stipulation

303 Creative and Constitutional Law by Stipulation

The Supreme Court undercut antidiscrimination law in a case where the key issues were stipulated by the parties, leaving lower courts little guidance in how to apply its ruling.

With Its Student Loan Decision, the Court Again Limits Agency Authority

With Its Student Loan Decision, the Court Again Limits Agency Authority

In Biden v. Nebraska, the Supreme Court again asserts its own authority to make society’s most important policy choices.

Standing and Vacatur in U.S v. Texas

Standing and Vacatur in U.S v. Texas

The U.S. Supreme Court holds that states lack standing to challenge immigration prioritization guidelines.

Constitutional Challenges to Agency Adjudication

Constitutional Challenges to Agency Adjudication

The Supreme Court grants district-court jurisdiction in an opinion hampering agencies’ adjudicatory authority.

What’s Left, And What’s Next, for Racial Diversity in College Admissions

What’s Left, And What’s Next, for Racial Diversity in College Admissions

The Supreme Court has severely limited more than 45 years of precedent holding it constitutional for colleges and universities to consider race in admissions.

The Supreme Court’s Wetland Saga Continues

The Supreme Court’s Wetland Saga Continues

Rejecting federal agencies’ interpretation of the Clean Water Act, the Supreme Court limits the application of federal law over wetlands.

Supreme Court Unlocks New Path to Relief for Disabled Students

Supreme Court Unlocks New Path to Relief for Disabled Students

The Supreme Court confirms an alternative avenue for disabled students to enforce their rights to receive an equitable education.

For Now, Court Is Cool with California in Charge

For Now, Court Is Cool with California in Charge

The Supreme Court narrowly rejects a Dormant Commerce Clause challenge to a California pork law.

Patents Do Not Bar Public Pharma Policies

Patents Do Not Bar Public Pharma Policies

Merck misconstrues patent law in its recent Takings Clause challenge to Medicare’s price negotiation program.

Punting Social Media Company Liability to Congress

Punting Social Media Company Liability to Congress

The Supreme Court affirms social media companies’ business models, dodging for now the issue of liability for harmful speech.