Process

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Who Gets to Define the Crime?

A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

Building Capacity for Economic Analysis at Independent Agencies

Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.

Evaluating the Grand Bargain

Triaging serious cases and simplifying criminal procedure could raise significant risks.

Misdemeanor Cases Need Lawyers Too

Barton and Bibas’s suggestions about misdemeanor would increase charges and harm defendants.

Reforming Criminal Justice by Reforming Lawyers

Revamping the regulation of legal services might be a first step toward overhauling criminal justice.

Preventing Error Requires Not Just More Resources, But Better Incentives Too

Improving legal representation in criminal cases requires focusing on prosecutors as well as defenders.

Rebooting Justice for Inmate Litigants

Suggested legal system reform could help inmates pursue civil rights claims.

A Simpler and Less Adversarial System Would Be More Just

Improving the justice system requires more than just using technology and relaxing requirements for lawyers.

Enduring Principles of Sound Regulatory Analysis

The economic foundations of Executive Order 12,866 underscore its continued importance in regulatory review.

The Legal System and Its Reform

Barton and Bibas argue for significant changes to improve justice in the legal system.

How Often Does the Supreme Court Actually Apply Chevron?

The Court applies the Chevron test more often than one influential study suggests.