Reining in Technocracy to Increase Democratic Legitimacy
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
Cutting Through the Rhetoric of Cutting Red Tape
Regulatory counting paints a distorted picture of the costs and benefits of regulatory action.
A Real, Not Faux, Transparency Proposal for Regulatory Science
A real EPA transparency rule should be grounded in scientific practices, not constituency interests.
Pruitt’s Super-Polluting Parting Shot
Former EPA Administrator’s last action may foreshadow the agency’s future plans for regulating pollution.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
Inconsistent Views on Waiving Rights in Employment
The Court has set two different standards for when employees can waive their workplace rights.
Is There Any Role Left for Federal Regulation of Sports Wagering?
Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.
The Implications of the Supreme Court’s Wayfair Decision
In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.
Challenging the Anti-Regulatory Narrative
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens
Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.
Right-to-Work Reaches Public Unions
Court holds that agency fees are compelled speech prohibited by the First Amendment.
The End of Challenges to Partisan Gerrymandering
Challenges to redistricting are unlikely to be successful after recent Supreme Court decisions.