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


Apologies — this post was written on the run; traveling today. As regular readers know, Chenery — both I and II — is a big deal in the D.C. Circuit. When I was clerking, I remember an oral argument in which Judge Garland asked counsel something like, “Well, wouldn’t that present a Chenery issue?,” spoken […]
It’s my pleasure to share that on Monday, September 24, current and former Office of Information and Regulatory Affairs (OIRA) chiefs will gather for an afternoon event entitled “Celebrating 25 Years of Executive Order 12866: Reflecting on its longevity & looking to the future.” The current administrator of OIRA will join predecessors from the Obama, […]
Recently, a company named Adappcity Inc. launched a new application called UppstArt. The app purports to use blockchain technology to enable visual artists to “track” art they sell such that if and when it is later resold, they are able to enforce a so-called “resale royalty.” A resale royalty is a mandatory, predetermined payment made by […]
With Judge Kavanagh’s nomination pending, there has been no shortage of speculation among commentators on how his appointment might affect the Court’s jurisprudence. Of particular interest to readers of this blog, many have noted that a Justice Kavanagh would tip the Court toward greater skepticism of Chevron deference. On and off the bench, Judge Kavanaugh […]

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