A Global Regulatory Policy Outlook
The OECD publishes major report on common regulatory challenges faced by countries around the world.
Guidance for Regulators on the Major Questions Doctrine
To avoid potential legal challenges, agencies should take even more care in their regulatory planning, review, and communication.
The Supreme Court’s Climate Ruling is Not a Calamity
Supreme Court decision hinders but does not halt agency action to address climate change.
Supreme Court Considers Case Against Agencies Run Amok
In Axon v. FTC, the Supreme Court will consider how district courts can hear constitutional challenges against agencies.
Congress Should Exclude Elected Insurrectionists
The legislature should use its constitutional authority under the Disqualification Clause to uphold democracy.
Antitrust and Law Schools’ Exit from U.S. News Rankings
As Yale, Harvard, and other law schools withdraw from U.S. News rankings, they can argue it is good for competition.
Reviving the Law of Networks, Platforms, and Utilities
A new casebook reintroduces tools to address critical issues in sectors such as transportation, energy, finance, and technology.
Is the Biggest Supreme Court Case This Term About Bacon?
In National Pork Council v. Ross, the Court questions whether states can ban products for moral reasons.
Perils of Comparative Administrative Law
Textualism represents a dangerous temptation for comparative analysis of administrative procedure.
Administrative Procedure Acts in Latin America
Administrative law faces unique challenges in Latin American “paper leviathans.”
Policymaking Accountability and the Emerging Authoritarian State
Changing norms about administrative appointments raise concerns about procedural fairness and accountability.
Policymaking Accountability in Nation States and International Bodies
Robust efforts to include the public in rulemaking are key to increasing democratic accountability.