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
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
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 unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
Will the Affordable Care Act Die by Non-Enforcement?
U.S. cities file suit to force the Trump Administration to keep Obamacare alive.
Supreme Court to Review Notice Requirements for Medicare Payment Rules
Court’s ruling could determine the procedure for changing hospital reimbursement formulas.
Asylum and the Abuse of Administrative Law
The Trump Administration violated administrative procedure to overhaul asylum policy.
Warren’s Bill Presents Progressive Vision for Rulemaking Reform
Recent bill would boost public participation and reduce capture in the regulatory process.
The National Injunction and the Administrative Procedure Act
Critics of national injunctions should not stretch the meaning of key words in the APA.
The Ambiguity in Judge Kavanaugh’s Chevron Critique
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Kavanaugh and the Deference Doctrines
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.