Building at the Speed of AI: Data Centers, Expedited Permitting, and Who...
“xAI is scaling at an immeasurable pace—we are building our third massive data center in the greater Memphis area…. This is insane execution speed by xAI and the state of Mississippi. We are grateful...
View ArticleIs Access to Fable an Export?
On June 12, the Commerce Department directed Anthropic to deny foreign nationals access to its Fable 5 and Mythos 5 models, regardless of where those users are located. In response, Anthropic has...
View ArticleInstitutional Design, Drug Policy, and the Limits of Abstraction
Introduction Professors Matthew Lawrence and David Pozen’s Drug Scheduling as Institutional Design is an ambitious and welcome intervention in the long-running debate over U.S. drug policy. The...
View ArticleFrom Destruction to Construction: The Case for a New Congressional Review Act
Congress doesn’t do anything anymore. Despite Republican control of the House, the Senate, and the presidency, Congress seems to be fading into the background of the current political landscape. At...
View ArticlePresidential Speech and the Discrimination Paradox
The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’” But increasingly, that promise is...
View ArticleAnticipatory Deregulation and the Endangerment Rescission
On February 12, 2026, the Environmental Protection Agency promulgated a final rule rescinding its finding that greenhouse gases (GHGs) endanger public health and welfare. The keystone in the...
View ArticleAn International Duty to Regulate Greenhouse Gas Emissions Under the Clean...
EPA’s authority to regulate greenhouse gas emissions is in peril. On the first day of his second term, President Trump issued an executive order directing EPA Administrator Lee Zeldin to reconsider...
View ArticleControlling Higher Education Through Accreditation
The organizations that accredit colleges and universities by definition influence much of what institutions of higher education do and how they do it. For example, in the case of law schools, the...
View ArticleSeparating the Powers in the Administrative State: Article I
All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress and the President delegate to an executive agency,...
View ArticleDrug Scheduling as Institutional Design
Abstract The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited...
View ArticleChallenging Politically Discriminatory Funding Cuts
President Trump is once again threatening to cut federal funding for “sanctuary jurisdictions” that fail to cooperate with his Administration’s forceful immigration policies. The latest threat came on...
View ArticleMaking Sense of the Emergency Appropriations Decisions
A push for stronger executive control over spending — what two co-authors and I have called “appropriations presidentialism” — has emerged as a central theme of the second Trump Administration. The...
View ArticleFCC v. Consumers’ Research
It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion to implement the laws it...
View ArticleBondi v. VanDerStok
At the same time that Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.’s regime of deference to agency interpretations of law, it...
View ArticleMcLaughlin Chiropractic Associates, Inc. v. McKesson Corp.
If there were ever a “First Commandment” of the federal judiciary, one candidate might be an oft-quoted phrase from Marbury v. Madison: “It is emphatically the province and duty of the judicial...
View ArticleCodify Gardner
It is no wonder that the veterans shout and curse. It is also not surprising that many of them no longer feel attached to this country as their home. They have not forsaken us; they feel that we have...
View ArticleNebraska v. Su
Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it might now be best...
View ArticleMachine Rulemaking: Arbitrary and Capricious Review in the Age of AI
In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals, it’s nearly impossible to avoid...
View ArticleThe Federal Reserve’s Forgotten Credit Mandate
In 2021, prices in the United States and across the globe rose rapidly, reintroducing a concern that had lain mostly dormant in U.S. politics since 1982: inflation. Inflation is when the price of...
View ArticlePresident Trump in the Era of Exclusive Powers
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court has embraced an extremely broad view of the President’s...
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