Incorporated Standards in a Federal System
When state and local officials incorporate voluntary codes and standards, they still need to watch out for federal preemption.
Introducing Incorporation by Reference
Incorporation by reference demonstrates how private and public actors collaborate to create modern regulation.
Teaching Standard Essential Patents
In-depth course module opens the door for law students to the increasingly vital world of voluntary standards.
Law’s Interaction with Voluntary Codes and Standards
Voluntary codes and standards affect many important aspects of the law and the legal system.
Codes-and-Standards.org
The Penn Program on Regulation launches a new curricular resource site that showcases the importance of voluntary codes and standards.
Why the SEC is Wrong About Implied Preclusion
Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.
A Tale of Two Cities’ Diversifying Economies
Nevada offers a case study of how states can succeed in attracting new employers.
Using Insurance to Regulate Food Safety
Insurance underwriters can help farmers manage the risk of microbial contamination in their fields.
How Regulators Should Supervise Software
The CFTC and other regulators should evaluate with caution proposals to automate financial transactions.
Do Not Blame Us
Court disregards the Clean Air Act’s clear language in applying the major questions doctrine to curb EPA’s climate authority.
Legislators as Defendants but Not as Plaintiffs
The Supreme Court increased potential intervening defendants when it implicitly protected voter ID laws.
Supreme Court Crushes the United States’ Ability to Mitigate Climate Change
Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.