Process

Supreme Court

Debating Independent Agencies

The upcoming Supreme Court case challenging the constitutionality of the CFPB highlights modern debates about independent agencies.

Philadelphia Passes Renters’ Right to Counsel

The law is a win for housing advocates, but gaps remain in city’s rental protections.

Inequalities in Natural Disaster Regulation

Certain communities may face disproportionate harms in the wake of natural disasters.

Gender Scale

A New Era for the ERA

The Equal Rights Amendment raises questions of congressional authority.

Making Sense of the Trump Administration’s Regulatory Numbers

The Administration quietly released data showing its deregulatory success has been limited.

Processor

Justice Department’s New Position on Patents, Standard Setting, and Injunctions

A new policy statement from the federal government contradicts established law on whether patent holders can seek injunctions.

Sports Betting

Regulating Sports Betting After Murphy v. NCAA

After a 2018 Supreme Court case, the laboratories of democracy are busy experimenting with sports betting.

Street-Level Administrative Constitutionalism

Front-line workers in federal agencies play a key role in applying the Constitution to administrative cases.

Reflections on Bureaucratic Barriers to Immigration Reform

Practical obstacles to implementing policy illustrate how agencies assess their own constitutional authority.

E-Cigarette

Did a Federal Ethics Loophole Worsen the Vaping Crisis?

Congress should adopt stronger restrictions on former federal officials’ ability to lobby their old employers.

Airline Luggage Rack

Six Degrees of Delegation

The nondelegation doctrine actually makes sense when viewed in dimensional terms.

Reform Congress to Rein In the Administrative State

Empowering Congress to fulfill its constitutional role can ensure regulation without administrative bureaucracy.