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The Future of Article III Standing
Is it “too easy” to show Article III standing, particularly in environmental cases? That is...
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Is Congress Ready to Regulate AI?
James Madison was keenly interested in books, particularly in using them as a resource to...
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U.S. Navy SEALs 1-26 v. Biden: A New Settlement Agreement Protects Religious Servicemembers
When the United States military mandated COVID-19 vaccinations and categorically denied religious accommodations, servicemembers whose...
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Kannon Shanmugam on the Legitimacy of the Supreme Court
On Monday, Kannon Shanmugam, chair of Paul Weiss's Supreme Court and appellate litigation practice, and...
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Georgia Fruit and Vegetable Growers Association v. DOL: Post-Loper Bright Pushback on Agency Overreach
The long period of labor peace to which Americans are so accustomed is the product...
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Patent Bills With Bipartisan Support Might Beat Congressional Gridlock
The Supreme Court’s patent law cases over the last decades have achieved significant majorities, if...
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Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law
The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
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“Tough Luck, Get a New Statute”
The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...
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Federal Court Recognizes Limits to Federal Power Over At-Home Distilling
What are the limits of the federal government’s powers? That critical question has been debated...
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Is the Corporate Transparency Act Unconstitutional?: Government Appeals a District Court Ruling That Said “Yes,” With More Challenges In Progress
On March 1, 2024, Judge Liles Burke in the Northern District of Alabama held in...