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
An uncertain future awaits the federal program designed to benefit children of immigrants.
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
The Trump Administration’s regulatory rollbacks will not have staying power among future administrations.
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
Conservative justices embrace delegation to arbitration panels while questioning administrative 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
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.