Judicial Review

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

President Trump’s transgender ban for the military is misguided and potentially illegal.

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Independent agencies should mirror executive branch practices to overcome judicial scrutiny.

Supreme Court Clarifies Test for Evaluating Useful Articles

Supreme Court Clarifies Test for Evaluating Useful Articles

Decision may have implications for the protection of other industrial designs.

Constraining the SEC’s Enforcement Options

Constraining the SEC’s Enforcement Options

Supreme Court limits agency’s ability to demand repayment of illegal gains.

Supreme Court Raises the Bar for Students with Disabilities

Supreme Court Raises the Bar for Students with Disabilities

Court unanimously revises its approach to students’ individualized education plans.

Achieving Agency Compliance

Achieving Agency Compliance

Scholar examines the role of contempt findings in ensuring agency compliance with court orders.

When Federal Agencies Do Not Answer to Courts

When Federal Agencies Do Not Answer to Courts

Scholar examines how agencies operate independently of courts through rulemaking and legislative drafting.

Partisans or Peacocks?

Partisans or Peacocks?

Oral argument transcripts may reveal Supreme Court Justices’ motivations for speaking.

Redistricting Law Refined

Redistricting Law Refined

Recent Supreme Court redistricting decisions clarify two important legal developments—but leave the status of partisan gerrymandering claims unresolved.

A Shift in the Energy Regulatory Regime

A Shift in the Energy Regulatory Regime

Two Supreme Court decisions raise questions about the role of states in emerging electricity markets.

Supreme Court Strikes Down Texas Abortion Law

Supreme Court Strikes Down Texas Abortion Law

In a 5-3 decision, the Justices declare Texas’s health care regulations on abortion to be unconstitutional.

Supreme Court Hands Down Sentence on Errors in Sentencing

Supreme Court Hands Down Sentence on Errors in Sentencing

Supreme Court reviews remedy for errors in sentencing range calculations.