EPA Will Say Anything to Avoid Addressing Climate Change
New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.
Labor Department Sides with the Gig Economy
Opinion letter finds a gig economy company’s workers are independent contractors.
Judicial Deference to Agencies’ Decisions in Brazil and the United States
American doctrines of judicial review may provide useful models for Brazilian courts.
Cost-Benefit Analysis According to the Trump Administration
Scholar argues that the Trump Administration has discredited cost-benefit analysis.
The Coming Decline of Anti-Regulatory Conservatism
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
Fixing Antitrust’s Indirect Purchaser Rule
A recent Supreme Court case allows end users to sue for antitrust violations.
Endangered Deference
The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.
The Supreme Court Holds the Line on Truth over Pretext
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
Correcting a Persistent Myth About the Law that Created the Internet
Scholar argues that section 230 of the Communications Decency Act applies to internet platforms regardless of their “neutrality.”
The Sound of Silence
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.