Process

Lessons for Deference From the Telephone Consumer Protection Act

Lessons for Deference From the Telephone Consumer Protection Act

The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.

Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.

Proposed OSHA Rule Is Dangerous for Workers and the Law

Proposed OSHA Rule Is Dangerous for Workers and the Law

A proposed rule that rolls back protections for workers sends a troubling signal about regulatory reforms.

Venue in Clean Air Act Challenges

Venue in Clean Air Act Challenges

Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.

Recent Legislation Reveals President Trump’s Regulatory Approach

Recent Legislation Reveals President Trump’s Regulatory Approach

President Trump’s latest legislative victory reveals an inefficient approach to deregulating markets.

Access to Justice, Deferred and Denied

Access to Justice, Deferred and Denied

The Supreme Court limits judicial remedies and increases deference to executive power in immigration enforcement.

DOGE’s Misguided Abandonment of Evidence

DOGE’s Misguided Abandonment of Evidence

Adopting a chainsaw-based approach to reform undermines the goal of creating a more efficient government.

The Supreme Court’s 2024-2025 Regulatory Term

The Supreme Court’s 2024-2025 Regulatory Term

Scholars and practitioners examine the Court’s most important regulatory decisions of this past term.

Evaluating Transparency of State Governments

Evaluating Transparency of State Governments

Scholars explore the differences among states’ implementation of freedom of information laws.

Decision About Immigration Judges May Change the Game

Decision About Immigration Judges May Change the Game

A recent court decision may help protect civil servants unlawfully removed by the Trump Administration.

Challenging Presidential Directive Authority

Challenging Presidential Directive Authority

Judicial review does not easily address problematic exercises of presidential influence in agency rulemaking.

An Uncertain Future for Tax Regulation After Loper Bright

An Uncertain Future for Tax Regulation After Loper Bright

The unique history of tax regulation presents several possibilities for courts.