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Subject or Witness? A New Proposal to Guide DOJ in Labeling Parties in Criminal Investigations
The Department of Justice (DOJ) Manual contains three labels for individuals in a criminal investigation:...
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Testing the Testers: The Supreme Court is Set to Consider the Standing of Private Citizens Who Sue to Enforce the Americans with Disabilities Act
On October 4, the Supreme Court will hear arguments in Acheson Hotels LLC v. Laufer....
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New Legal Analysis: Regulatory Implications of Turning Internet Platforms Into Common Carriers
The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have...
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School Policies Hiding Students’ Gender Identities Face Different Legal Fates
In the United States, approximately 1,044 school districts (impacting more than 10 million students) have...
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The Georgia Fake Electors Scheme: What Does Legal and Political History Tell Us About These Charges?
Five of the 19 defendants indicted by Fulton County District Attorney Fani Willis are alleged...
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Burgers with a Side of Bias: Why a New Fast-Food Law in California Likely Violates the Private-Nondelegation Doctrine
Last week, California lawmakers announced a grand bargain between labor unions and the fast-food industry....
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The Major Questions Doctrine Is Not About Delegation, but Usurpation—And That Matters
This post was originally published at the Yale Journal on Regulation’s Notice & Comment blog....
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Patent Eligibility Restoration Act: Boon or Burden to Patent Incentives?
The U.S. Constitution expressly gives the federal government power to “promote the Progress of Science...
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Is It Lawful to Use Regulatory Impact Analysis to Achieve Equity?
Circular A-4, issued by the Office of Management and Budget (OMB), provides detailed guidance to...
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Spotlighting the FCC’s Key Digital Discrimination Rulemaking
The Federal Communications Commission is fast approaching a November 15 statutory deadline to adopt rules...