Delegation and Interpretive Discretion: Gundy, Kisor, and the Formation and Future of Administrative Law

Musk’s attempts to gain access to agency databases is an egregious violation of the act, which protects personal information from abuse.

Under the...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...

The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy...

Having the freedom to choose your own health care provider is something many Americans take for granted. But the Supreme Court is weighing whether...

The Administrative Procedure Act’s standard-of-review provision instructs reviewing courts to “decide all relevant questions of law, interpret...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

In 2021 the Uniform Law Commission (ULC) gave final approval to the Uniform Cohabitants' Economic Remedies Act (UCERA). The Act provides a framework...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

On November 5, an anti-environmentalist faction led by and supporting Donald Trump prevailed in the national elections. The policy assaults by Trump &...

Federal administrative agencies are one of the primary policymaking venues in the United States. One of the core features of U.S. administrative...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

Chevron U.S.A. Inc. v. Natural Resource Defense Council, Inc. is frequently discussed in general terms without sufficient attention to the specifics...