Dissing the Supreme Court
President Trump’s reactions to Supreme Court decisions threaten the legitimacy of the nation’s judicial system.
COVID-19 and Uncertainties in the Value Per Statistical Life
Uncertainties in value per statistical life estimates impact the extent to which COVID-19 policies yield net benefits.
Toward a “Unitary Executive” Vision of Article II?
The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.
Regulation, Delegation, and the Affordable Care Act
Empirical study of the ACA’s implementation provides insight into the delegation of policymaking authority.
Abortion Restrictions After June Medical Services
A concurring opinion leaves the standard for determining the constitutionality of abortion restrictions in doubt.
Rethinking Benefit-Cost Analysis for COVID-19
The normative foundations of the value of statistical life render it an insufficient tool to analyze pandemic-related policies.
Court Weighs in on Pipeline Crossing Appalachian Trail
The Supreme Court rules that the Forest Service can approve natural gas pipelines crossing the Appalachian Trail.
Consumers Win Assurance of Important Protection From Securities Fraud
The Supreme Court reaffirms lower courts’ ability to claw-back profits from violators of securities laws.
Reason Trumps Pretext
Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.
DACA and the Limits of Good Governance
Administrative law principles led the Supreme Court to deliver a victorious but unsatisfying and uncertain conclusion for migrants.
Co-Producing Safe Farmers Markets During COVID-19
State and local governments should embrace farmers market managers’ input on food regulation during the pandemic.
The Shape of Water After County of Maui v. Hawaii Wildlife Fund
Despite guidance from the Supreme Court, the future of water regulation remains uncertain.