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
Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.
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
Insurance underwriters can help farmers manage the risk of microbial contamination in their fields.
How Regulators Should Supervise Software
The CFTC and other regulators should evaluate with caution proposals to automate financial transactions.
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.
Legislators as Defendants but Not as Plaintiffs
The Supreme Court increased potential intervening defendants when it implicitly protected voter ID laws.
Supreme Court Crushes the United States’ Ability to Mitigate Climate Change
Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.
Nostalgia for Agency Expertise
Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
A Review of Health Care in the Court
Several U.S. Supreme Court cases from this past term have significant implications for the provision of medical care.
A Major Ruling on Major Questions
In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.