The Regulatory State in Prosecutorial Dress
The Justice Department’s new corporate enforcement policy turns prosecutorial leniency into business regulation.
Slaughtering Reasoned Decision-Making
New poultry and swine processing rules misapply a recent Supreme Court decision and ignore worker safety.
A Nationwide Ban on Noncompete Clauses
Scholars discuss the economic impacts and legality of the FTC’s now-defunct ban on noncompetes.
When Should Policymakers Consider Voluntary Regulation?
Scholar urges policymakers to adopt voluntary programs when mandatory regulation falls short.
When Law Speaks Loudest
Circumventing notice and comment during rulemaking can weaken the evidentiary basis for regulation.
Judicial Deference and FDA
Scholar argues that limited judicial deference to agencies may matter less for FDA than health experts fear.
Misusing the Congressional Review Act as a Tool for Land Management Policy
Lawmakers are weaponizing a procedural tool to undo years of careful public lands planning.
State-Based Restrictions on Corporate Political Speech
Scholar offers state-level strategies to control corporate political speech.
How Performance-Based Regulation for Utilities Can Go Wrong
Regulators must be aware of the challenges to performance-based regulation to avoid harming public interests.
What Regulators Can Learn From Sports
Mitchell Berman assesses sports as legal systems, discussing what sports can reveal about rules and regulation.
Consequences of the SAVE America Act
Will stricter voting requirements protect election integrity or suppress voters?