Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?
A recent Supreme Court decision could allow courts to rely on dubious science.
Tribal Regulation of Single-Use Plastics
As the federal government and many state governments fail to address plastic waste, Indian tribes become policy innovators.
Combatting Deregulation with Regulatory Horcruxes
Scholar argues that spreading regulatory authority may insulate programs from future deregulatory pressures.
Regulating Alaska’s Salmon
The Alaska Department of Fish and Game monitors effect of hatchery salmon on wild stocks.
Addressing the Constitutionality of Federal Quarantine Rules
Scholars say constitutionally shaky infectious disease regulations must yield to better prevention programs.
Statutory Clarity and Judicial Review of Regulatory Impact Analysis
Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.
Should the Federal Government Allow States to Require Medicaid Recipients to Work?
A federal judge strikes a blow to two states’ Medicaid work requirements.
Is the Fiduciary Rule Dead?
The fiduciary rule may still be enforceable because of the Labor Department’s failure to act.
Who Are Gig Economy Workers?
Gig economy companies control workers in new ways but present no new regulatory issues.
Regulating Work in an Age of Fissuring and Automation
Employers may increasingly automate their workplaces, requiring a new approach to workplace regulation.
The Joint-Employment Standard in Limbo
A proposed rule by the NLRB and a potential Supreme Court decision challenge the joint-employer test.
You Need to See It to Believe It
Scholars argue that the use of visual media in federal rulemaking promotes democratic values.