Putting Brains on the Witness Stand
Neuroscientific evidence in the courtroom may test judges and standards of admissibility.
Can Personal Injury Plaintiffs Regulate Dangerous Chemicals?
Scientific research generated by civil settlements could help drive future EPA regulation.
Improving Agency Litigation Webpages
A new ACUS recommendation emphasizes how agencies can increase public access to litigation information.
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
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
Controversial rule promotes personal care and bars forced arbitration in long-term health care.
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
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
Sue and settle tactics may influence agency behavior and rulemaking.
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
New York City – and most cities – will not be held liable for their coastal adaptation efforts.