Process

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.

What Is Left of Agency Adjudication After Jarkesy?

What Is Left of Agency Adjudication After Jarkesy?

A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.

Financial Self-Determination for Native Nations

Financial Self-Determination for Native Nations

A Supreme Court decision enhances Native Nations’ self-determination by requiring the federal government to reimburse certain healthcare costs.

The Court Reaffirms that Agencies Cannot Rewrite Laws

The Court Reaffirms that Agencies Cannot Rewrite Laws

New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.

Bissonnette and the Future of Federal Arbitration

Bissonnette and the Future of Federal Arbitration

The Court delivers a victory for truck-drivers and other transportation workers.

Legislative Exactions

Legislative Exactions

The Court unanimously agrees that the Nollan/Dolan test applies to administrative and legislative exactions.

Why the Court’s CFPB Decision Is Correct and Important

Why the Court’s CFPB Decision Is Correct and Important

The Supreme Court upholds the funding structure of the Consumer Financial Protection Bureau.

The Supreme Court’s 2023-2024 Regulatory Term

The Supreme Court’s 2023-2024 Regulatory Term

Scholars and practitioners assess the Court’s most significant regulatory decisions of its recently concluded term.

Balancing Punishment and Persuasion

Balancing Punishment and Persuasion

John Braithwaite discusses his research in regulation and criminology and ideas for future research.

Leveling Up Agency Disclosures

Leveling Up Agency Disclosures

Scholars offer recommendations for expanding public access to agencies’ legal documents.

The King (Presumptively) May Do No Wrong

The King (Presumptively) May Do No Wrong

In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.

The Supreme Court as Enabler in Chief

The Supreme Court as Enabler in Chief

The Supreme Court’s recent decision on presidential immunity threatens the survival of the American Republic.