Process

A Fili-Busted Balance of Power

A Fili-Busted Balance of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

An Early History of Rulemaking Power

An Early History of Rulemaking Power

Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.

Only Federal Regulation Can Ensure Fair Elections

Only Federal Regulation Can Ensure Fair Elections

Congress should use its constitutionally granted authority to regulate elections and protect democracy.

Election Officials as Regulators of Voting Access

Election Officials as Regulators of Voting Access

Legislative backlash against election officials poses serious implications for democracy.

Red State Lawmakers Preempt Campaign Finance Laws in Blue Cities

Red State Lawmakers Preempt Campaign Finance Laws in Blue Cities

Republican states with major democratic metropolitan centers forestall local efforts to reform election law.

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.