The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.
The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.
A recent Supreme Court decision could reshape judicial deference of agency actions.
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The intelligible principle standard lives to see another day—but for how long remains unclear.
Risk-based regulation requires regulators to choose which decision-making principles to apply.
Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.
The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.
Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.
Research fellow argues that a recent OMB memo could improve regulatory lawmaking.
Scholar argues that the National Association of Insurance Commissioners’s power to regulate violates states’ constitutions.