Doctrinal Divergence at the Supreme Court
Scholar assesses the Supreme Court’s differential treatment of administrative law and securities law.
Judicial Deference and FDA
Scholar argues that limited judicial deference to agencies may matter less for FDA than health experts fear.
What Regulators Can Learn From Sports
Mitchell Berman assesses sports as legal systems, discussing what sports can reveal about rules and regulation.
History, Ambassadors, and Birthright Citizenship
Legal historians may ultimately shape the Supreme Court’s upcoming decision.
Substance, Procedure, Reasoned Decision-Making, and the President
Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.
The Court’s Distrust of the Administrative State
Gillian E. Metzger discusses how the U.S. Supreme Court has reshaped administrative law.
DOGE Is Dead, But Deregulation Is Just Getting Started
The White House’s recent memo could reshape the regulatory landscape faster than ever.
Rethinking Online Safety for Children
Scholar argues that denying access to online platforms does more harm than good to minors.
Regulating Immigration or Regulating Citizens?
Scholar argues that ending birthright citizenship threatens the rights of all U.S. citizens.
Rising Judicial Skepticism of Public Health Agencies
Wendy E. Parmet discusses the impact of skeptical federal courts on public health regulation.
Congress Should Eliminate the FCC’s Public Interest Authority
The FCC’s authority to regulate needs to reflect the modern realities of broadcasting.
No Need for the Supreme Court to Revisit the Fairness Doctrine
The Court should not overturn a settled doctrine that ensures the fair use of airwaves.