Revisiting Broadcast Fairness
Scholars and practitioners debate the continued need for the FCC’s fairness doctrine for broadcast news.
A New Approach to Understanding Content Moderation
Scholars propose an alternative First Amendment framework for online platform regulations.
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 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
Scholar argues that an ideal information platform regulator must be adaptable, informed, and multidisciplinary.
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
Scholar challenges the history of judicial deference to federal immigration law and policy.
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
The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.
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
The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.
Venue in Clean Air Act Challenges
Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.