All Essays

Week in Review

Week in Review

HUD reduces federal oversight of affordable housing, President Trump issues memo to exclude undocumented immigrants from the census, and more…

Federalism and Environmental Advocacy

Federalism and Environmental Advocacy

The Supreme Court appears inconsistently enthusiastic about federal regulation and state-centric environmentalism.

What is Murphy’s Law?

What is Murphy’s Law?

A death penalty case could unsettle the borders of Native American reservations nationwide.

Another Explanation of Justice Gorsuch’s Bostock Vote

Another Explanation of Justice Gorsuch’s Bostock Vote

A recent case protecting LGBTQ rights may help the Supreme Court circumscribe the administrative state.

A Failure of Administrative Law in OSHA During the Pandemic

A Failure of Administrative Law in OSHA During the Pandemic

The hyper-deference courts provide to agencies has failed to protect workers from OSHA inaction amid COVID-19.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.

A Dream Deferred

A Dream Deferred

An uncertain future awaits the federal program designed to benefit children of immigrants.

Closing a Concocted Clean Water Act Loophole

Closing a Concocted Clean Water Act Loophole

Congressional intent and clear statutory text promote common-sense enforcement of federal water regulations.

The Supreme Court’s 2019-2020 Regulatory Term

The Supreme Court’s 2019-2020 Regulatory Term

Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.

Week in Review

Week in Review

The Trump Administration rescinds its rule on visas for international students taking online classes, the Supreme Court authorizes the use of single-drug protocol for death penalties, and more…

The Continued Grounding of the Boeing 737 MAX

The Continued Grounding of the Boeing 737 MAX

The grounding of the 737 MAX has revealed potential issues in the FAA’s aircraft certification process.

Using Subjective Evidence in FDA Review

Using Subjective Evidence in FDA Review

Scholars call for greater transparency in how FDA uses subjective evidence in treatments for brain injuries.