Supreme Court

Disinformation and the Threat to Democracy

Disinformation and the Threat to Democracy

Scholars argue for strengthening regulations of online political advertising.

Getting Agencies Back Into the Game

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

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

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

The Ambiguity in Judge Kavanaugh’s Chevron Critique

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

Kavanaugh and the Deference Doctrines

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.

Judge Kavanaugh and Administrative Law

Judge Kavanaugh and Administrative Law

What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?

Tainted Review

Tainted Review

Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.

Crossing the Regulatory Divide to Enhance Societal Well-Being

Crossing the Regulatory Divide to Enhance Societal Well-Being

Requiring EPA cost-benefit analysis could ensure that regulations do more good than harm.

Regulating Instagram Posts

Regulating Instagram Posts

Author argues that FTC disclosure rules may infringe upon endorsers’ right to free speech.