Print Edition

Regulating by Example

Susan C. Morse & Leigh Osofsky

Stock Market Manipulation and Its Regulation

Merritt B. Fox, Lawrence B. Glosten & Gabriel V. Rauterberg

Resolving the Crisis in U.S. Merger Regulation

Dan Awrey, Blanaid Clarke & Sean J. Griffith

Containing Systemic Risk By Taxing Banks Properly

Mark Roe & Michael Troege

Dysfunctional Delegation

Hannah J. Wiseman

Note

Credit Default Swaps on Municipal Bonds

Ming Wang

Comment

Diagramming Interpretation

James Durling

Notice & Comment

When the Supreme Court held in Lucia v. SEC that the Securities and Exchange Commission had appointed its administrative law judges in an unconstitutional manner, the focus among commentators was less on the particular agency at issue and more on the repercussions for the administrative state more generally. But, while it is true that the […]
It isn’t a compliment to say that a judge “dodged” an issue. After all, to “dodge” is to “evad[e] by sudden bodily movement” — “an artful device to evade, deceive, or trick.” And throwing the word “artful” in front (to the extent it isn’t redundant, as “dodge” already includes “artful”) doesn’t turn it into a […]
Mississippi’s high court announced last month that it will “no longer … give deference to agency interpretations” of their governing statutes.  The case is King v. Mississippi Military Dept.    It’s a tough summer for Chevron in state supreme courts, when you read King in conjunction with Wisconsin’s Tetra Tech, which I discussed two weeks ago. Like […]
For obvious reasons, a lot of folks are thinking hard about Judge Brett Kavanaugh. So today seems like a good one to share some preliminary thoughts, especially because the Senate Judiciary Committee will soon schedule hearings. I’ve been following the D.C. Circuit for a while now. And by any measure, Judge Kavanaugh is a major […]

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