Today’s Ad Law Reading Room entry is “Faithful Agencies,” by Brian D. Feinstein, Jody Freeman, and Sharon Jacobs. Here is the abstract: For nearly a century, Congress’s primary instrument for insulati...

YouTube video by Penn Program on Regulation

The Supreme Court's decision in Trump v. Slaughter strips independent agencies of removal protections that made regulatory policy predictable across administrations. In new research, Brian Feinstein a...

A system of subsidies and exemptions wastes taxpayer dollars and discourages companies from growing.

A study co-authored by Wharton’s Brian Feinstein shows how shareholder returns are a vote for Delaware’s partisan legal balance.

New Legal Research on Building Abundance

Today’s Ad Law Reading Room entry is “Valuing Administrative Democracy,” by Brian D. Feinstein and Daniel E. Walters. Here is the abstract: Public engagement has long sat at the heart of administrativ...

<p><i><span>Public engagement has long sat at the heart of administrative law’s democratic aspirations. For proponents, opportunities for individuals to partici

This post introduces Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click ...

Does having a politically balanced judiciary help maintain Delaware's dominance?

For over a decade, the Supreme Court has upended executive-branch structures that insulated administrative agencies from the White House. Judges and scholars justify this project in part by claiming t...

<p>In <i>Loper Bright Enterprises v. Raimondo</i>, the Supreme Court overruled <i>Chevron </i>deference but blessed giving agency interpretations of statutes “r

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize ...

Clashes between presidential appointees and civil servants are front-page news. Whether styled as a “deep state” hostile to its democratically selected political principals or as bold “resisters” coun...

A newly released memo from the Department of the Interior freezes the pipeline for 60 days.

Democrat Caroline Crenshaw’s nomination to serve another term as a commissioner at the Securities and Exchange Commission just hit more obstacles after a planned committee vote was postponed.

The so-called Department of Government Efficiency, with Elon Musk as co-leader, has advantages that past budget-cutters did not, but laws and court challenges can still make change slow and difficult.

Following the Supreme Court’s guidance, we’ll reverse a decadeslong executive power grab.