An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts... MORE
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is... MORE
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for... MORE
In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited “... MORE
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford... MORE
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.
Many federal agencies... MORE
Governments regulate private conduct. They also exercise rights of ownership and contract that are like those of private people. From the founding to... MORE
The Perils of Land Use Deregulation, my intervention in the land use/housing debate, has now been published by the University of Pennsylvania Law... MORE
Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non-... MORE
The Supreme Court has recently signaled its interest in developing a new nondelegation test, one that would have courts more aggressively police... MORE
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however, assert that local... MORE
Federalism scholarship abounds on nearly all aspects of healthcare: on the Affordable Care Act, public health powers, licensing, and drug and device... MORE
Scholars and policy makers have long debated whether corporations should serve social purposes at the expense of shareholder wealth. The SEC has... MORE
