The Weaponization of the Congressional Review Act in 2025
Congress’s expanded use of its oversight mechanism threatens the stability of agency action.
Competition Powers Growth and Affordable Electricity
Effective antitrust enforcement in the electricity sector can promote competition and protect consumers’ interests.
President Trump Says Never Mind on the National Guard
A recent case concerning the National Guard may signal growing Supreme Court skepticism of President Trump’s appeals.
The Regulatory Rule of Law and Reasoned Decision-Making
The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.
Some Doubts About the Duty of Reasoned Decision-Making
The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.
Substance, Procedure, Reasoned Decision-Making, and the President
Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.
The Future of the Duty to Engage in Reasoned Decision-Making
The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making
The Silent Ethylene Oxide Emergency
OSHA’s outdated standards endanger American workers by failing to limit ethylene oxide exposure.
Permit Transparency in Virginia
Permitting reforms in Virginia can inspire greater efficiency and transparency in other jurisdictions.
The Hidden Bitcoin Leverage Trap
Bitcoin treasury companies amplify risk for pension funds and challenge fiduciary duties.
A New State and Federal Compact for Artificial Intelligence
Effective AI governance demands strong federal standards that preserve state authority.
Netflix’s $5.8 Billion Breakup Fee
Breakup fees should be taxed as ordinary expenses to encourage market activity.











