Like Congress, the Supreme Court must delegate a great deal of its work, in this case to lower courts rather than to agencies. Since the Supreme Court is formally at the apex of the judicial pyramid, the Court's decisions ...

Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies ...

This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...

Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...

This Essay explores the implications of the U.S. Supreme Court's decision in FERC .v. EPSA for state regulation of customer energy resource initiatives, such as net metering policies for rooftop solar and energy storage ...

An old joke quips that lawyers go to law school precisely because they never liked math or were never good at math – and that therefore medical school (or these days, Wall Street) was not an option. While this tired joke ...

The cost of sending a child to college in the United States is rapidly increasing. As a result, the need for families to plan ahead to meet this cost has never been greater. Paramount in making those plans is the consideration ...

This Article shows that fintech exacerbates the difficulties of standard setting in international financial regulation. Earlier work introduced the "Innovation Trilemma"(the Trilemrma). When seeking to balance the goals ...

Whether in response to robo advising, artificial intelligence, or cryptocurrencies such as Bitcoin, regulators around the world have made it a top policy priority to supervise the exponential growth of financial technology ...

This is a Response to Bethany R. Berger's recent Article, The Illusion of Fiscal Illusion in Regulatory Takings. In that Article, Professor Berger argues against the view that governments should be forced to compensate ...