Supreme Court

Does the Administrative State Threaten U.S. Democracy?

Panel focuses on claims of potential dangers from growth in government agencies.

Concluding Thoughts on Cost-Benefit Analysis and the Public’s Impact in Rulemaking

The Supreme Court’s decision in Michigan v. EPA illustrates that the public has a serious role to play in the rulemaking process.

Cost-Benefit Analysis and Reasoned Agency Decision-Making

Scalia recounts his role in challenging a SEC rule on behalf of the U.S. Chamber of Commerce.

The Value of Public Participation in Rulemaking

Appearing before agencies affords the public an important opportunity to have a genuine impact on the law.

The Public’s Role in Administrative Law

Public participation in the rulemaking process serves a vital role in improving the law.

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.