The FTC should use adjudications to establish policy on employment non-compete clauses.
Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.
Scholars argue that federal agencies should not use guidance documents to regulate controversial issues.
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
A recent Supreme Court decision could reshape judicial deference of agency actions.
U.S. cities file suit to force the Trump Administration to keep Obamacare alive.
Court’s ruling could determine the procedure for changing hospital reimbursement formulas.
The Trump Administration violated administrative procedure to overhaul asylum policy.
Recent bill would boost public participation and reduce capture in the regulatory process.
Critics of national injunctions should not stretch the meaning of key words in the APA.
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.