Process

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.

The Sound of Silence

A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.

A Missed Opportunity in Securities Fraud Enforcement

The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

The Search for Sound Vocational Evidence in Disability Adjudication

Expert calls for an overhaul of the existing evidentiary framework for Social Security disability cases.

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.

Police Departments Adopt Automated DNA Testing

Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Is Insurance Regulation Unconstitutional?

Scholar argues that the National Association of Insurance Commissioners’s power to regulate violates states’ constitutions.