Congress Should Exclude Elected Insurrectionists
The legislature should use its constitutional authority under the Disqualification Clause to uphold democracy.
Cataloging and Clarifying Judicial Review Statutes
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.
Updating the Congressional Review Act
Congress should modify the Congressional Review Act to enhance clarity and improve oversight of agencies.
Priorities and the State of Implicit Bias in Crimmigration
Written immigration enforcement priorities might promote transparency but still might not address inequities.
Race and Regulation
Experts examine how regulatory policies disproportionately affect communities of color.
Reimagining the Public’s Role in Agency Rulemaking
Congress should tailor the notice-and-comment process for more meaningful public participation.
Congressional Restoration of Tribal Civil Jurisdiction
Congress should enact a law that restores tribal regulatory and adjudicatory authority.
Why the Equality Act Remains Important to LGBTQ Equality
A Supreme Court victory is the beginning, not the end, of the fight against anti-LGBTQ discrimination.
Persuading for Privacy
Pressure mounts for Congress to come to bipartisan agreement on privacy.
A Reply to Our Interlocutors
A response to a lively debate on the modern administrative state.
Delegation, Time, and Congressional Capacity
Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.
Without structural change, Congress will remain unable to legislate effectively.