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.