Is Access to Fable an Export?
On June 12, the Commerce Department directed Anthropic to deny foreign nationals access to its Fable 5 and Mythos 5 models, regardless of where...
Administrative Law
Institutional Design, Drug Policy, and the Limits of Abstraction
Response to Drug Scheduling as Institutional Design
Vol. 139 No. 7
Professors Matthew Lawrence and David Pozen’s Drug Scheduling as Institutional Design is an ambitious and welcome intervention in the long-running debate over U.S. drug policy. The authors reconceptualize...
From Destruction to Construction: The Case for a New Congressional Review Act
Congress doesn’t do anything anymore. Despite Republican control of the House, the Senate, and the presidency, Congress seems to be fading into the background of the current political landscape. At the...
Presidential Speech and the Discrimination Paradox
Vol. 139 No. 7
The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”...
Anticipatory Deregulation and the Endangerment Rescission
On February 12, 2026, the Environmental Protection Agency promulgated a final rule rescinding its finding that greenhouse gases (GHGs) endanger public health and welfare....
An International Duty to Regulate Greenhouse Gas Emissions Under the Clean Air Act
EPA’s authority to regulate greenhouse gas emissions is in peril. On the first day of his second term, President Trump issued an executive order...
Controlling Higher Education Through Accreditation
The organizations that accredit colleges and universities by definition influence much of what institutions of higher education do and how they do it. For...
Separating the Powers in the Administrative State: Article I
Vol. 139 No. 5
All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress...
Drug Scheduling as Institutional Design
Vol. 139 No. 4
The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis.
Challenging Politically Discriminatory Funding Cuts
President Trump is once again threatening to cut federal funding for “sanctuary jurisdictions” that fail to cooperate with his Administration’s forceful immigration policies. The...