Litigation

Could DHS Rescind DACA Based On Litigation Risk?

Could DHS Rescind DACA Based On Litigation Risk?

Agency predictions of court behavior are not always a tenable justification for rescission.

Antitrust Law and the Future of the NCAA’s Amateurism Rules

Antitrust Law and the Future of the NCAA’s Amateurism Rules

Scholar suggests that the NCAA’s defense of amateurism no longer stands after a recent Supreme Court decision.

Encouraging Customization and Courtroom Claims in Long-term Care

Encouraging Customization and Courtroom Claims in Long-term Care

Controversial rule promotes personal care and bars forced arbitration in long-term health care.

CFPB Announces Plan to Allow Class Action Suits

CFPB Announces Plan to Allow Class Action Suits

Consumer protection agency wants to promote private enforcement of finance laws.

Sue-and-Settle Bill Threatens a Delicate Equilibrium

Sue-and-Settle Bill Threatens a Delicate Equilibrium

Deadline suits may offer key opportunity to even the playing field in regulatory agenda-setting.

We Shouldn’t Dismiss “Sue and Settle” – or Other Regulatory Problems

We Shouldn’t Dismiss “Sue and Settle” – or Other Regulatory Problems

Sue and settle tactics may influence agency behavior and rulemaking.

The Debate Over “Sue-and-Settle” Legislation

The Debate Over “Sue-and-Settle” Legislation

The Regulatory Review post sparks further debate over recent bill to curb negotiated agreements about rulemaking.

Why Litigation Cannot Adequately Address Local Climate Adaptation Efforts

Why Litigation Cannot Adequately Address Local Climate Adaptation Efforts

New York City – and most cities – will not be held liable for their coastal adaptation efforts.