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


Credit Default Swaps on Municipal Bonds

Ming Wang


Diagramming Interpretation

James Durling

Notice & Comment

Reading How Appealing, I stumbled across this provocative headline: “Did the Supreme Court Just Gut the New Deal?” I later found a similar headline: “Neil Gorsuch Just Demolished Labor Rights in a Frontal Attack on the New Deal.” The subject of these headlines, of course, is the Supreme Court’s opinion in Epic Systems v. Lewis, […]
San Francisco City Attorney Dennis Herrera filed a lawsuit[i] on April 5, 2018, challenging U.S. Attorney General Jeff Sessions’s repeal of six Department of Justice (DOJ) civil rights guidance documents. The lawsuit argues that Sessions rescinded these civil rights protections for marginalized communities without meaningful explanation, in violation of the Administrative Procedure Act (APA). *** […]
Applying deference under Bowles v. Seminole Rock, 325 U.S. 410 (1945), courts have deferred to agency interpretations of agency rules for decades. But a recent concern that the doctrine permits agencies to combine the powers of lawmaking and law interpretation has prompted Congress and the courts to consider reform. In a new Essay, forthcoming in […]
I noticed a small courtesy in this week’s cases. The world can be a pretty harsh place. So when we have an opportunity to offer an earned compliment, we should take it. Courtesy and kindness, after all, are never wasted. In Drielak v. Pruitt, Judge Randolph (joined by Judges Henderson and Katsas*) affirmed the district […]

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