Supreme Court
The Imperial Supreme Court
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical…
Administrative Law
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Administrative Law
Biden v. Texas
Across several areas of administrative law, the Roberts Court has made it harder for agencies to exercise power. Chevron deference has gone missing.See infra p. 480 (noting that last Term,…
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Administrative Law
The Major Questions Quartet
Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA
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Administrative Law
American Hospital Ass’n v. Becerra
Scholars have described the Supreme Court’s 1984 decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. as an “accidental landmark,”Thomas W. Merrill, The Story of Chevron:…
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Administrative Law
Francis v. Kings Park Manor, Inc.
En Banc Second Circuit Ignores HUD Regulation in Tenant-on-Tenant Racial Harassment Case
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Administrative Law
Cochran v. SEC
Fifth Circuit Creates Circuit Split by Allowing Prefinal Judicial Review of SEC Enforcement Proceeding
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Environmental Law
Rollerson v. Brazos River Harbor Navigation District
Fifth Circuit Judges Cast Doubt on Environmental Justice Suits
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Regulation
The Awareness Doctrine
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan viewpoints. The internet grows increasingly partisan…
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Administrative Law
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
D.C. Circuit Upholds Vacatur and Remand of Dakota Access Pipeline Easement, Reverses District Court Order to Cease Pipeline Operations
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Bank Regulation
What is the Law’s Role in a Recession?
In March 2020, the world faced not only a public health emergency but also one of the most profound shocks to the global economy in the modern era — a…