Municipalities Need a New Risk Assessment Tool
A proactive framework for analyzing regulations can help municipalities regulate without Chevron deference.
Federal Court Sidesteps Important Questions on Title IX Athletics
A recent case signals threat to protections for women in intercollegiate sports.
Judicial Deference and FDA
Scholar argues that limited judicial deference to agencies may matter less for FDA than health experts fear.
The Evolution of Environmental Regulation
Lisa Heinzerling discusses recent developments in environmental law and regulation.
Interpreting Civil Rights Statutes
Katie Eyer discusses how courts’ statutory interpretation shapes civil rights enforcement.
The Regulatory Rule of Law and Reasoned Decision-Making
The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.
Some Doubts About the Duty of Reasoned Decision-Making
The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.
The Administrative State at a Crossroads
Aaron Nielson discusses the forces driving changes in the administrative state.
Predicting Turbidity, Protecting Tap Water
Scholars analyze how the use of machine learning could reshape EPA drinking water standards.
Delegated Discretion is the New Deference
Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.
Climate Denialism Dressed Up as Law
EPA’s attempts to reinterpret the Clean Air Act are detrimental to fighting climate change.
An Uncertain Future for Tax Regulation After Loper Bright
The unique history of tax regulation presents several possibilities for courts.