Congressional Control over Agency Rulemaking: The Nutrition Labeling and Education Act's Hammer Provisions

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

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...

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

Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...

The United States has been cultivating STEM talent for decades with great success, but that robust talent pipeline is threatened by a growing STEM...

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

This story begins with one parent who took his demands for equal educational opportunity for his children all the way to the highest court of our land...

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...

He who opens a school door, closes a prison. – Victor Hugo

Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...

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...

This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...