Process

The FTC and Net Neutrality’s Plan B

Would the FTC be an effective body for regulating Internet openness?

The Case for Regulating Before Harms Occur

Scholar argues that regulators should try to impose penalties before rule violations can hurt society.

Why Cabinet Secretaries Should Not Threaten Members of Congress

Basic principles of American government limit the political role of administrative agencies in legislative debates.

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Independent agencies should mirror executive branch practices to overcome judicial scrutiny.

Supreme Court Clarifies Test for Evaluating Useful Articles

Decision may have implications for the protection of other industrial designs.

Constraining the SEC’s Enforcement Options

Supreme Court limits agency’s ability to demand repayment of illegal gains.

Supreme Court Raises the Bar for Students with Disabilities

Court unanimously revises its approach to students’ individualized education plans.

Restricting Race-Conscious Redistricting

Two decisions by the Supreme Court impose new limits on racial redistricting.

Equal Footing as Equal Protection

Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.

Mulvaney Is Right to Call for More Money for OMB

Expanding a White House office could help shrink the whole federal government.

The First Amendment Protects Offensive Trademarks

Supreme Court holds that government cannot discriminate against offensive trademarks.

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.