Unbalanced federal drug scheduling is harming research and therapeutic access, so courts, Congress, or presidential action should re-center HHS’s medical judgments, argues Mason Marks of Florida State University College of Law. www.theregreview.org/2026/02/11/l...

Ensuring fairness in algorithmic decision-making will require combining traditional anti-discrimination protections with broader regulatory systems for overseeing algorithms, one scholar argues. www.theregreview.org/2026/02/12/h...

DEA-dominant scheduling can sideline science and public health, so HHS and DEA should formalize role boundaries in an interagency agreement, argues Mason Marks of Florida State University College of Law. www.theregreview.org/2026/02/11/l...

In a recent article, Mason Marks of Florida State University College of Law argues that DEA has drifted beyond Congress’s intended scheduling role and calls for Congress to clarify the Controlled Substances Act to restore HHS’s scientific authority. www.theregreview.org/2026/02/11/l...

In this week’s Saturday Seminar, scholars debate geofence warrants’ constitutionality, privacy risks, and whether courts or legislatures should curb law enforcement access to location-history data. www.theregreview.org/2026/02/07/s...

In a new series, regulatory scholars assess the Trump Administration EPA’s decision to stop monetizing certain ozone and particulate-matter health harms in its deregulatory analyses, debating what that shift means for benefit-cost analysis and “smart” regulation. www.theregreview.org/2026/02/04/v...

"Forward-looking antitrust enforcement is key to powering America’s growth and keeping electricity affordable for Americans," Abigail Slater, Assistant Attorney General for the Antitrust Division at the DOJ, argues in a recent essay.

In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that hard-look review worsens polarization by making agencies less responsive to voters and calls for a reset to more deferential arbitrariness review. www.theregreview.org/2026/01/28/c...

Hard-look review lets judges veto election-driven policy changes, so the Court should overrule State Farm and defer more to agencies’ policy shifts, argues Eric R. Claeys of the George Mason University Antonin Scalia Law School. www.theregreview.org/2026/01/28/c...

In a recent essay, Eric R. Claeys of the George Mason University Antonin Scalia Law School argues that State Farm hard-look review untethers APA review from the statute’s text and calls for overruling it. www.theregreview.org/2026/01/28/c...

Absent a strong requirement that major policy shifts be justified with reasoned explanation, polarized administrations will predictably dismantle one another’s policies, producing chronic legal instability, Professor Richard J. Pierce of George Washington University argues. buff.ly/nJigQ9g

In this week’s Saturday Seminar, scholars debate whether the NextGen UBE and supervised-practice pathways can better measure lawyer competence—and who gets to enter the profession—than the traditional bar exam. www.theregreview.org/2026/01/24/s...

In a recent article, @shelley-w.bsky.social and Levi Phillips of @penncareylaw.bsky.social and @nikki-luke.bsky.social of @utknoxville.bsky.social argue that TVA’s corporatized “hodgepodge” weakens democratic accountability. www.theregreview.org/2026/01/21/b...

Virginia’s permit-tracking program proves that modest tech reforms can dramatically improve government performance, Reeve T. Bull, former director of the Virginia Office of Regulatory Management, argues in a recent essay. www.theregreview.org/2026/01/19/b...

In this week’s Saturday Seminar, scholars explore how Section 230’s platform-liability shield applies when social media companies use AI to generate content, curate feeds, and moderate users. www.theregreview.org/2026/01/17/s...

Judicial deference has helped create an oversight vacuum in immigration detention, and courts should more actively police conditions in ICE facilities, argues Alina Das of NYU School of Law. www.theregreview.org/2026/01/14/k...

In a recent article, Alina Das of NYU School of Law argues that courts’ deference has left immigration detention effectively underregulated and calls on judges to take a stronger oversight role. www.theregreview.org/2026/01/14/k...

Current oversight of medical AI places too much reliance on a “human in the loop”—an approach that requires individual clinicians to review and incorporate each AI recommendation in a safe and effective manner, one scholar argues. www.theregreview.org/2026/01/15/s...

In a recent article, Alina Das of NYU School of Law argues that courts have wrongly deferred to the executive branch on immigration detention conditions, and she urges judges to reclaim oversight by applying a more objective due process standard. www.theregreview.org/2026/01/14/k...

Artificial intelligence demands transparent governance that protects public safety without sacrificing innovation or state authority and relies on real law rather than executive overreach, David Beier, who served as domestic policy advisor to Vice President Al Gore, argues. buff.ly/6yPRIru

In this week’s Saturday Seminar, scholars assess whether the Endangered Species Act’s ban on unauthorized “take” can still reach habitat destruction—and what a proposal to rescind the agencies’ habitat-based definition of “harm” would mean for enforcement. www.theregreview.org/2026/01/10/s...

In a recent article, Michelle Layser of the University of San Diego School of Law argues renters’ tax credits are basically Section 8 in tax form, and their upside depends on whether the goal is lowering rent burdens or expanding access. www.theregreview.org/2026/01/07/l...

In a recent article, Michelle Layser of the University of San Diego School of Law argues that renters’ tax credits largely mirror Section 8’s market-based subsidy model and their value turns on whether policymakers prioritize lowering rents for current tenants. www.theregreview.org/2026/01/07/l...

Since the U.S. Supreme Court's recent elimination of Chevron deference, courts may no longer defer to EPA’s technical judgments on the application of a lower child safety factor, some scholars argue. www.theregreview.org/2026/01/08/a...

In this week’s Saturday Seminar, experts debate how to modernize nuclear licensing and oversight so the United States can deploy low-carbon nuclear power faster while maintaining safety, environmental review, and public legitimacy. www.theregreview.org/2026/01/03/s...

Legislatures should adopt the Tech Liability Model to regulate addictive technologies and reduce screen time for minors, Gaia Bernstein of Seton Hall University School of Law argues in a recent article. www.theregreview.org/2025/12/18/s...

A practitioner warns that investor protections in Delaware partnership agreements risk becoming box-checking formalities, and a recent Delaware Supreme Court opinion echoed the point by insisting those safeguards be meaningful in practice. www.theregreview.org/2025/12/24/w...

One scholar argues that the AI defenses Google raises today resemble those of credit bureaus before 1970, until Congress bypassed defamation law and forced accountability through the Fair Credit Reporting Act. www.theregreview.org/2025/12/22/a...

In a recent article, practitioner Joseph DaVault and Saint Louis University School of Law’s Michael Sinha contend that the FDA–USDA split is sound, but definitional, labeling, and inspection bottlenecks call for uniform standards and faster approvals. www.theregreview.org/2025/12/17/a...

In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law urge reforms to cultivated-meat oversight—starting with a shared definition, tighter contamination controls, and streamlined federal review. www.theregreview.org/2025/12/17/a...

In a recent article, practitioner Joseph DaVault and Michael Sinha of Saint Louis University School of Law argue that cultivated-meat regulation needs clearer definitions, standardized safety protocols, and a more efficient FDA–USDA approval process. www.theregreview.org/2025/12/17/a...

Scholar argues that courts should adopt a systemic violation exception to Individuals with Disabilities Act's exhaustion requirement to balance the efficiency goals of exhaustion with the need to remedy systemic practices that undermine IDEA’s protections. www.theregreview.org/2025/12/16/h...

In a recent essay, Stuart Shapiro of Rutgers University contends that OIRA’s accelerated timetable for rollbacks and relaxed treatment of deregulation “benefits” weakens benefit-cost analysis and entrenches presidential control over agency policymaking. www.theregreview.org/2025/12/10/s...

In this week’s Saturday Seminar, scholars explore how online program managers, digital ad platforms, and weak oversight enable “predatory inclusion” in higher education—and propose regulatory changes to protect vulnerable students from exploitative recruitment. www.theregreview.org/2025/12/06/s...

A recent report by the U.S. Government Accountability Office examined several digital tools for prospective homebuyers and assessed how these tools may run afoul of federal fair housing laws, including automated property valuation and underwriting algorithms. www.theregreview.org/2025/12/05/w...

The Trump Administration removed eight immigration judges based in New York City, including Assistant Chief Immigration Judge Khan. A U.S. Department of Justice spokesperson defended the firings as part of restoring “integrity” to the immigration system. www.theregreview.org/2025/12/05/w...

The U.S. Department of Homeland Security launched immigration enforcement operation “Operation Catahoula Crunch” in New Orleans with the aim of arresting up to 5,000 undocumented immigrants. www.theregreview.org/2025/12/05/w...

If researchers design new protocols for a quantum internet, those protocols could work with quantum key distribution to protect consumer privacy and limit government surveillance, Zahra Takhshid of the University of Denver Sturm College of Law argues in her forthcoming book. buff.ly/tkWbr1t

In a recent essay, Seth Davis of @ucberkeleylaw.bsky.social and Daniel B. Rodriguez of @northwesternlaw.bsky.social urge federal agencies to implement new ACUS practices instead of treating consultation with local governments as box-checking exercise. www.theregreview.org/2025/12/03/d...

In a recent essay, scholars discuss a report commissioned by the Administrative Conference of the United States that sheds light on how public engagement can improve agency adjudicative proceedings and decisions. www.theregreview.org/2025/12/02/r...

ACUS's adoption of Recommendation 2025-1 "represents a giant step toward more transparent, fair, and efficient practices regarding agency investigations and investigative procedures," some scholars argue. www.theregreview.org/2025/12/01/g...

In this week’s Saturday Seminar, scholars examine how regulators can fight fast-evolving cybercrime by improving enforcement coordination, upgrading investigative tools, and strengthening governance and victim reporting. www.theregreview.org/2025/11/29/s...

In a recent article, Catherine M. Sharkey of New York University School of Law and Daniel J. Kenny propose an “agency reference model” under which FDA’s expert drug-approval decisions preempt state laws that undermine access to FDA-approved medicines. www.theregreview.org/2025/11/26/c...

If a credible fear interview produces enough evidence to warrant asylum, the interviewing officer should be able to grant it immediately, rather than merely pass the case on for further adjudication, Michael Kagan of the University of Nevada, Las Vegas argues in a recent article. buff.ly/W3r2lKr

In a recent article, Tom C.W. Lin of @templelaw.bsky.social examines the danger AI poses to financial markets and offers regulatory solutions. www.theregreview.org/2025/11/25/s...

In this week’s Saturday Seminar, experts assess New York City’s embattled congestion pricing plan—probing whether pricing traffic in Manhattan can fairly cut gridlock and emissions, or instead shift costs onto commuters while raising legal and equity concerns. www.theregreview.org/2025/11/22/s...

In a recent article, @shelley-w.bsky.social of @penncareylaw.bsky.social and Conor Harrison of @sc.edu argue that climate “derisking” under the Inflation Reduction Act risks repeating the failed nuclear revival—adding costs without clear gains. www.theregreview.org/2025/11/19/b...

The Trump Administration announced six new “interagency agreements” that transfer programs and activities from the U.S. Department of Education to four other agencies. buff.ly/h12pTAS

The Environmental Protection Agency will be proposing a new rule redefining which waters count as “waters of the United States” and are eligible for protection under the Clean Water Act. The new rule would remove protections from groundwater, ephemeral streams, and most wetlands. buff.ly/h12pTAS

In a recent article, @shelley-w.bsky.social of @penncareylaw.bsky.social and Conor Harrison of @sc.edu argue that climate “derisking” under the Inflation Reduction Act can burden ratepayers with costly projects that may not meaningfully reduce emissions. www.theregreview.org/2025/11/19/b...