Supreme Court

Navigating Sales Taxes in Online Markets

States reconsider traditional sales tax requirements for e-commerce retailers.

Regulating the Family by Regulating Labor

Scholar argues that U.S. labor regulation historically has been grounded in gendered assumptions about families.

The Legal Risks of Regulating Climate Change at the Subnational Level

State and local regulators will face challenges in trying to pick up the slack after a federal withdrawal from the Paris Agreement.

The CFPB’s Final Arbitration Rule Run Amok

New rule will raise costs, harming businesses, consumers, and the court system.

The Regulatory Accountability Act and the Obsolescence of Formal Rulemaking

Administrative agencies should not be required to use a process that has been obsolete for decades.

Supreme Court Clarifies Test for Evaluating Useful Articles

Decision may have implications for the protection of other industrial designs.

Constraining the SEC’s Enforcement Options

Supreme Court limits agency’s ability to demand repayment of illegal gains.

New York Law Regulates Business Owners’ Speech

Justices unanimously decide that a New York law prohibiting credit card surcharges regulates speech.

Equal Footing as Equal Protection

Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.

Constraining the President’s Appointment Power

Court holds President Obama’s appointment of acting General Counsel for the NLRB was unlawful.

The Supreme Court’s 2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

A Look at States’ Roles in Administrative Constitutionalism

Law professor argues that states play a critical, but often neglected, role in constitutional decision-making.