Supreme Court

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.

Trump’s “Emergency” and the Constitution

The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.

Stealing from the Poor and Giving to the Rich in the Workplace

Report finds that large companies are responsible for a large number of wage violations.

Supreme Court to Review Notice Requirements for Medicare Payment Rules

Court’s ruling could determine the procedure for changing hospital reimbursement formulas.

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Who Gets to Define the Crime?

A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

How Often Does the Supreme Court Actually Apply Chevron?

The Court applies the Chevron test more often than one influential study suggests.

Disinformation and the Threat to Democracy

Scholars argue for strengthening regulations of online political advertising.

Getting Agencies Back Into the Game

Regulatory reform should reduce rulemaking burdens to promote effective agency action.

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.