Process

A Voting Rights Faustian Bargain

A Voting Rights Faustian Bargain

Democrats should accept voter ID in exchange for Republican support of national voting standards.

Modernizing SNAP After the Pandemic

Modernizing SNAP After the Pandemic

The pandemic highlighted the importance of food security and what policymakers should do to strengthen it.

The Magnification of Arrest Information

The Magnification of Arrest Information

Scholar shows that regulatory bodies use arrests as informational proxies—but that this use has its costs.

Assessing Stigler’s Economic Theory of Regulation

Assessing Stigler’s Economic Theory of Regulation

Despite its flaws and limitations, Stigler’s seminal article on the theory of economic regulation offers important lessons.

Protecting Adjudicators From Political Threats

Protecting Adjudicators From Political Threats

Scholars argue that federal administrative law judges need more insulation from political pressures.

Applying the Takings Clause to Regulatory Access

Applying the Takings Clause to Regulatory Access

The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.

The Appointment and Removal Litigation Ecosystem

The Appointment and Removal Litigation Ecosystem

Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.

AMG Aftershocks

AMG Aftershocks

The repercussions of a recent Supreme Court decision could affect future trade regulations.

Expanding Presidential Influence on Agency Adjudication

Expanding Presidential Influence on Agency Adjudication

The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.

Heavy on the “Mayo,” But No Hot Sauce

Heavy on the “Mayo,” But No Hot Sauce

CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.

Returning to Agency Deference in Communications Law

Returning to Agency Deference in Communications Law

With its Prometheus decision, the U.S. Supreme Court centered agency deference in reasonableness.

Giving California v. Texas the Attention It Deserved

Giving California v. Texas the Attention It Deserved

The Supreme Court’s latest ACA case was properly dismissed, but a waste of time.