Process

Administrative Law’s Conceptual Revolution

Administrative Law’s Conceptual Revolution

The Supreme Court has raised new questions by rejecting historic understandings of agency authority.

Trade Regulation by Emergency

Trade Regulation by Emergency

A key Supreme Court decision limits presidential tariff power and reinforces why legal discipline matters for international trade.

Article II Removal Power and the Roberts Court’s Reckless Hubris

Article II Removal Power and the Roberts Court’s Reckless Hubris

In weakening checks on executive power, the Roberts Court overlooks the wisdom of its predecessors.

Contesting the Meaning of Citizenship

Contesting the Meaning of Citizenship

In Trump v. Barbara, the Justices’ arguments underscore their competing interpretive approaches.

Seeing the Trees, But Ignoring the Forest

Seeing the Trees, But Ignoring the Forest

The Supreme Court struck down President Trump’s tariffs, but it left the big issue of abusive presidential power unaddressed.

Independent Agencies Get a Second Opinion

Independent Agencies Get a Second Opinion

Trump v. Slaughter may force independent agencies to provide more rigorous justifications for new rules.

The Supreme Court’s 2025–2026 Regulatory Term

The Supreme Court’s 2025–2026 Regulatory Term

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

Municipalities Need a New Risk Assessment Tool

Municipalities Need a New Risk Assessment Tool

A proactive framework for analyzing regulations can help municipalities regulate without Chevron deference.

Training Records and the Limits of Compliance Evidence

Training Records and the Limits of Compliance Evidence

Training records document compliance, but they may not reflect how organizations perform in practice.

Demystifying the State Regulatory Process

Demystifying the State Regulatory Process

Leslie Lewis Johnson discusses public engagement in Pennsylvania’s regulatory review process.

Competing Visions of H-1B Reform

Competing Visions of H-1B Reform

Scholars consider the potential impacts of visa reforms on labor markets and innovation.

303 Creative’s Dangerous Deregulatory Potential

303 Creative’s Dangerous Deregulatory Potential

The U.S. Supreme Court’s refusal to consider governmental interests could lead to a sweeping rollback of regulations.