Process

A Fresh Look at the President’s Procurement Power

A Fresh Look at the President’s Procurement Power

Despite recent skepticism, the President’s broad authority over federal contractors will remain.

Valuing Animal Life in Regulatory Impact Analyses

Valuing Animal Life in Regulatory Impact Analyses

Scholar argues that regulators should value the lives of animals in their benefit-cost analyses.

Achieving Gender Parity

Achieving Gender Parity

Rangita de Silva de Alwis discusses the state of women in leadership positions around the globe.

Revealing the Submerged Administrative State

Revealing the Submerged Administrative State

The hidden nature of the administrative state contributes to misperceptions of important government policies.

A System for Effective Rule Design

A System for Effective Rule Design

Scholar proposes a rule design framework for defining the regulator-regulatee relationship.

Supreme Court Should Not Review Phony Separation of Powers Case

Supreme Court Should Not Review Phony Separation of Powers Case

The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.

A Legal Earthquake

A Legal Earthquake

With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.

The Imperial Supreme Court

The Imperial Supreme Court

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.

The End of the Chevron Era

The End of the Chevron Era

The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.

Supreme Court Needlessly Expands U.S. Statute of Limitations

Supreme Court Needlessly Expands U.S. Statute of Limitations

In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.

Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit

Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit

The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.

SEC Adjudication of Securities Fraud Held Unconstitutional

SEC Adjudication of Securities Fraud Held Unconstitutional

The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.