Administrative Law’s Conceptual Revolution
The Supreme Court has raised new questions by rejecting historic understandings of agency authority.
The Supreme Court is Answering Easy Questions
The Supreme Court’s case selection reveals a hesitancy to tackle major securities law issues.
Unanswered Questions After the Court’s Birthright Citizenship Decision
The Supreme Court’s decision on birthright citizenship leaves questions on presidential and judicial power.
Trade Regulation by Emergency
A key Supreme Court decision limits presidential tariff power and reinforces why legal discipline matters for international trade.
Article II Removal Power and the Roberts Court’s Reckless Hubris
In weakening checks on executive power, the Roberts Court overlooks the wisdom of its predecessors.
Contesting the Meaning of Citizenship
In Trump v. Barbara, the Justices’ arguments underscore their competing interpretive approaches.
Seeing the Trees, But Ignoring the Forest
The Supreme Court struck down President Trump’s tariffs, but it left the big issue of abusive presidential power unaddressed.
A Voting Rights Catastrophe
In Callais, the Supreme Court guts the remainder of the Voting Rights Act.
Independent Agencies Get a Second Opinion
Trump v. Slaughter may force independent agencies to provide more rigorous justifications for new rules.
Municipalities Need a New Risk Assessment Tool
A proactive framework for analyzing regulations can help municipalities regulate without Chevron deference.
Rolling Back Fuel Economy Standards Would Be a Costly Mistake
The Trump Administration has overlooked the historical benefits of automotive fuel efficiency standards.
Shortcomings of the European Electricity Market
The European Union needs to do more to integrate electricity markets between member states.