Ending Legislative Impotence
A recent Supreme Court case suggests Congress needs new processes to legislate effectively and overcome partisanship.
Delegation’s Critics Should Be Careful What They Wish For
The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.
Natural Gas is Key to Addressing Climate Change
Natural gas continues to play a vital role in reducing U.S. greenhouse gas emissions.
Delegation, Time, and Congressional Capacity
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
Is a Ceiling on Regulatory Costs Reasonable?
Setting a regulatory budget at a cost of zero ignores evidence of regulation’s high return on investment.
A Proposal to Help Congress Enact Civil Service Reforms
Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.
Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?
A recent Supreme Court decision could allow courts to rely on dubious science.
Sometimes the Trump Administration Strengthens the Rule of Law
The Trump Administration’s recent proposal on Title IX would bolster due process rights of students.
Pipeline Opposition Impedes Climate Change Mitigation
More pipelines and electricity transmission lines would bolster the fight against climate change.
Putting Trump’s “Affordable Clean Energy” Plan in Perspective
Recent proposed rule can be better understood by considering the fate of the Clean Power Plan in the Supreme Court.
Regulatory Reform Under Reagan and Trump
Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.
The Travel Ban in Court
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.