The Case for Regulating Before Harms Occur
Scholar argues that regulators should try to impose penalties before rule violations can hurt society.
Why Cabinet Secretaries Should Not Threaten Members of Congress
Basic principles of American government limit the political role of administrative agencies in legislative debates.
Do Occupational Licenses Exacerbate the Prison-to-Poverty Pipeline?
Expert argues that occupational licensing reform will unlock the economic potential of former prisoners.
Regulation of the Chinese Equity Crowdfunding Market
Scholar argues that China should model U.S. and U.K. regulation of online investing.
Screaming “Wildfire” in a Crowded Clean Air Act
Researchers argue for new regulatory treatment of wildfires to improve air quality and public health.
Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
Supreme Court Clarifies Test for Evaluating Useful Articles
Decision may have implications for the protection of other industrial designs.
Constraining the SEC’s Enforcement Options
Supreme Court limits agency’s ability to demand repayment of illegal gains.
Supreme Court Raises the Bar for Students with Disabilities
Court unanimously revises its approach to students’ individualized education plans.
Restricting Race-Conscious Redistricting
Two decisions by the Supreme Court impose new limits on racial redistricting.
New York Law Regulates Business Owners’ Speech
Justices unanimously decide that a New York law prohibiting credit card surcharges regulates speech.
Equal Footing as Equal Protection
Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.