Administrative Procedure Act

Will Deregulation in Health Care Become the New Normal?

Will Deregulation in Health Care Become the New Normal?

The Trump Administration’s deregulatory response to COVID-19 is temporary and will not have a lasting impact on U.S. health care.

DACA and the Limits of Good Governance

DACA and the Limits of Good Governance

Administrative law principles led the Supreme Court to deliver a victorious but unsatisfying and uncertain conclusion for migrants.

A Dream Deferred

A Dream Deferred

An uncertain future awaits the federal program designed to benefit children of immigrants.

Explaining the Supreme Court’s DACA Decision

Explaining the Supreme Court’s DACA Decision

A recent Supreme Court decision maintains protection for people who arrived to the United States as children.

President Trump’s Regulatory Process Changes Will Not Stick

President Trump’s Regulatory Process Changes Will Not Stick

The Trump Administration’s regulatory rollbacks will not have staying power among future administrations.

A Fuller Picture of the Trump Administration’s Regulatory Agenda

A Fuller Picture of the Trump Administration’s Regulatory Agenda

President Trump’s deregulatory agenda may have lasting effects beyond the term of his presidency.

The Supreme Court’s Doublethink on Arbitration and Administration

The Supreme Court’s Doublethink on Arbitration and Administration

Conservative justices embrace delegation to arbitration panels while questioning administrative process.

EPA Proposes to Accelerate Its Permit Appeal Process

EPA Proposes to Accelerate Its Permit Appeal Process

A proposed rule to speed up administrative decision-making could have unintended consequences.

Regulate Non-Competes by Administrative Adjudication

Regulate Non-Competes by Administrative Adjudication

The FTC should use adjudications to establish policy on employment non-compete clauses.

A Proposal to Help Congress Enact Civil Service Reforms

A Proposal to Help Congress Enact Civil Service Reforms

Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.

Guidance Documents and the Regulation of Genetically Modified Foods

Guidance Documents and the Regulation of Genetically Modified Foods

Scholars argue that federal agencies should not use guidance documents to regulate controversial issues.

The Supreme Court Holds the Line on Truth over Pretext

The Supreme Court Holds the Line on Truth over Pretext

The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.