Regulating Tribal Waters Without Attacking Tribal Sovereignty
Scholar argues that the Clean Water Act can protect water resources and tribal jurisdiction.
Antitrust Enforcement of Startup Acquisitions
Scholars urge antitrust enforcement against technology firms that acquire startups.
Replacing the World’s Most Important Number
Replacing the primary international interest rate poses risks, but policymakers are ready for the challenge.
Utility Ratemaking for Racial Justice
Performance-based ratemaking could help lessen racial inequities in energy burdens.
Is Advanced Recycling a Cure-All or a License to Pollute?
A new recycling law faces criticism from environmental groups and praise from plastics manufacturers.
Reexamining the Renewable Fuel Standard in Letter and Spirit
In a recent case, the Supreme Court failed to address the purpose of exemptions from EPA’s renewable fuel standard.
Can Personal Injury Plaintiffs Regulate Dangerous Chemicals?
Scientific research generated by civil settlements could help drive future EPA regulation.
Applying the Takings Clause to Regulatory Access
The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.
Regulatory Sandboxes Slowed the Spread of COVID-19
Scholar claims that regulatory sandboxes such as emergency use authorizations boost innovation, but at a cost.
The Appointment and Removal Litigation Ecosystem
Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.
The Biden Executive Order on Restructuring Competition
Antitrust experts from the University of Pennsylvania reflect on the possible consequences of the recent Biden executive order on competition.
An End Run Around the Gun Industry Liability Shield
New York lawmakers’ attempt to regulate guns will result in significant legal challenges.