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

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 […]
Posts to this blog have justifiably focused on Lucia v. SEC, 138 S.Ct. 2044 (June 21, 2018), the recent Executive Order entitled “Excepting Administrative Law Judges from the Competitive Service,” and the resultant implications for the administrative judiciary’s independence.  But in the meantime, President Trump has issued three executive orders addressing job protections and related […]
In her recent dissent in Janus v. AFSCME, Justice Kagan accused the majority of “weaponizing the First Amendment, in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy.”  Judge Kavanaugh, now nominated to fill Justice Kennedy’s seat on the Supreme Court, might be accused of doing the […]
Last month, in a step that received relatively little attention, the EPA issued an Advanced Notice of Proposed Rulemaking soliciting comments on its use of cost-benefit analysis.  As the Notice explains, the EPA is required by a series of executive orders to conduct a cost-benefit analysis (“CBA”) each time it promulgates a major rule.  (For […]

Special Thanks to Our Diamond Sponsor