Supreme Court

Adjudicating by Algorithm, Regulating by Robot

Rather than raising alarm bells, government uses of artificial intelligence fit well within existing legal frameworks.

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Regulatory reform bill’s public hearing requirement will hinder agencies’ attempts to regulate.

Looking More Closely at the Platypus of Formal Rulemaking

Legal scholar argues that the oft-criticized formal rulemaking process has virtues in proper settings.

When Public Health Abuses Public Funds

The Supreme Court declines to resolve issue of whether state hospitals can be sued for false insurance claims.

A Good Effort, with One Glaring Flaw

Regulatory reform bill’s requirement of oral evidentiary hearings for rulemakings may prove to be ineffective.

Partisans or Peacocks?

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

Can You Start a Lawsuit by Mail?

The U.S. Supreme Court will soon decide a case involving the interpretation of a key civil litigation treaty.

The Role of Federal Judges in the Modern Administrative State

Judge Gorsuch’s confirmation hearings offer a key opportunity to examine a judge’s philosophy on the judiciary’s proper role under the Constitution.

Closing the Courthouse Door to Victims of Police Abuse

A number of Supreme Court doctrines make it difficult for citizens to sue police officers and their government employers.

Regulating the Reasonableness of Police Violence

The legal standard governing police force provides inadequate guidance to police officers and the courts.

Regulating Police Use of Force

Scholars, activists, and other criminal justice experts address possible legal responses to excessive police force.

How Much Power Do States Have to Encourage Clean Energy?

After a recent Supreme Court decision, questions remain about what states can do to regulate electricity.