Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?
A recent Supreme Court decision could allow courts to rely on dubious science.
Addressing the Constitutionality of Federal Quarantine Rules
Scholars say constitutionally shaky infectious disease regulations must yield to better prevention programs.
The Future Looks Bright for the Right-to-Work Movement
The right-to-work principle protects employee freedom not to subsidize unwanted unions.
The Joint-Employment Standard in Limbo
A proposed rule by the NLRB and a potential Supreme Court decision challenge the joint-employer test.
Deregulation Drains Government Expertise
President Trump’s deregulation efforts have resulted in fewer career experts at regulatory agencies.
Transportation Workers Can Avoid Arbitration
The Supreme Court holds that, under federal law, truckers cannot be compelled to arbitrate.
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.