U.S. Supreme Court

Delegated Discretion is the New Deference

Delegated Discretion is the New Deference

Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.

The Supreme Court Should Overturn the Fairness Doctrine

The Supreme Court Should Overturn the Fairness Doctrine

The Court should no longer allow the government to require that broadcasters air opposing views on public issues.

Evaluating the FTC as a Potential Information Platform Regulator

Evaluating the FTC as a Potential Information Platform Regulator

Scholar argues that an ideal information platform regulator must be adaptable, informed, and multidisciplinary.

Academic Toadies Impair Government Performance

Academic Toadies Impair Government Performance

The Trump Administration’s hiring of academics who compromise disciplinary standards threatens effective governance.

Revising the Origins of Immigration Exceptionalism

Revising the Origins of Immigration Exceptionalism

Scholar challenges the history of judicial deference to federal immigration law and policy.

Judicial Remedies After CASA

Judicial Remedies After CASA

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

Lessons for Deference From the Telephone Consumer Protection Act

Lessons for Deference From the Telephone Consumer Protection Act

The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.

A Merits Non-Dodge

A Merits Non-Dodge

The Supreme Court sides with the Nuclear Regulatory Commission on procedural grounds but signals support for its licensing authority.

Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.

Venue in Clean Air Act Challenges

Venue in Clean Air Act Challenges

Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.

Trans Rights and the Future of Sex Discrimination Law

Trans Rights and the Future of Sex Discrimination Law

The Supreme Court considers how the equal protection doctrine applies to transgender individuals.

Dismantling Barriers to Police Accountability

Dismantling Barriers to Police Accountability

Scholars discuss regulating to help ensure accountability for police misconduct.