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

Apologies again; this post is also a quick one. I don’t often agree with Richard Posner.* But I’m sympathetic to his criticism of “mock trials” involving real judges. This is how they work. A pair of (often famous) lawyers reimagine historical — or historical-ish — cases before a panel of honest-to-goodness judges while an audience […]
The ABA’s Section of Administrative Law & Regulatory Practice will host an interesting — and free! — teleconference on agency adjudication. Here is the information: Who Are You to Judge? The Supreme Court Revisits the Constitutionality of Agency Adjudication February 26, 2018 | 4:00 PM – 5:00 PM EST | Teleconference Decades after last considering […]
From the Federalist Society Regulatory Transparency Project website: In 2017, the U.S. experienced a dramatic shift in regulatory policy at the federal level. This shift is attributable to a new presidential administration that has made regulatory reform a priority. This priority is evidenced by numerous regulatory initiatives including Executive Order 13771 that directs agencies, among […]
This month’s en banc D.C. Circuit decision in PHH Corp. v. CFPB has understandably received widespread attention for upholding the constitutionality of the CFPB’s structure in the face of a separation-of-powers challenge.  But somewhat hidden within the hundreds of pages of separate opinions in PHH was another constitutional ruling—one on which the CFPB lost and […]

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