Administrative Law

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.

Can Sandboxes Protect Your Pocketbook?

The CFPB has proposed new regulatory tools to promote innovation in the financial services sector.

Determining How to Regulate Encapsulated Placenta

Scholar argues that FDA should use a narrowly tailored framework to regulate encapsulated placenta pills.

The Warren Campaign’s Antitrust Proposals

Senator Warren’s proposals seek to protect older technologies at the expense of consumers and workers.