Opinion

Public Input in Rulemaking

Public Input in Rulemaking

Public comments allow agencies to understand the perspectives of those who regulations are intended to benefit.

Addressing the Crisis of Missing and Murdered Indigenous Women

Addressing the Crisis of Missing and Murdered Indigenous Women

Indigenous women are dual victims of violent crimes and federal policies that fail to mitigate the crisis.

Fashion, Sustainability, and the New York Fashion Act

Fashion, Sustainability, and the New York Fashion Act

A New York State bill seeks to regulate the fashion industry’s social and environmental impacts.

Alternatives to Data Sharing

Alternatives to Data Sharing

Data sharing is not always required when firms use information to their advantage.

Crisis Pregnancy Centers, State-Funded Harm, and State-Based Solutions

Crisis Pregnancy Centers, State-Funded Harm, and State-Based Solutions

As the Supreme Court evaluates abortion laws, states should bolster reproductive rights and better regulate CPCs.

Criminalizing Pregnancy Loss

Criminalizing Pregnancy Loss

Laws that impose criminal penalties for pregnancy loss regulate the conduct of pregnant people.

New Public Access to Court Records

New Public Access to Court Records

The Supreme Court of Oklahoma allows access to records as a matter of public policy.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

An Electric Solution for Low-Income Residents

An Electric Solution for Low-Income Residents

Federal programs should better protect low-income residents from rising energy costs.

Vaccine Mandates and Roads Not Taken

Vaccine Mandates and Roads Not Taken

Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.

The Biden-Harris Administration’s Racial Equity Efforts

The Biden-Harris Administration’s Racial Equity Efforts

Although much more work remains, the current Administration has made historic progress in advancing equity.