- White House Inspection
by Jonathan David Shaub
Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with electoral accountability and investigative enforcement authority. Since Watergate, our country has relied on two primary methods for White House investigation—either a criminal prosecutor with some independence, or a congressional investigation. These mechanisms, as
- Mass Corporate Governance
by Caleb N. Griffin
Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean that shareholder voting is now conducted with an unusual combination of zealous devotion to the voting process and general ambivalence as to substantive outcomes. This dynamic arises because financial and voting rights are routinely decoupled, resulting in
- The Regulatory Paradox of Climate Insurance
by Aisha I. Saad
Decades of inadequate federal action on climate change have culminated in a near-total regulatory retreat. Meanwhile, the climate crisis continues to intensify, imposing escalating costs on individuals and communities. In the absence of a coordinated federal response, regulatory attention has turned to state action, private litigation, and private climate governance. Within this shifting landscape, homeowners insurance emerges as a promising
- Ex Parte Young REDUX
by Katherine Mims Crocker
Trump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’ authority to issue injunctions against government defendants’ unconstitutional acts. An earlier stage of that shift was evident in 2021 with the failure of a lawsuit intended to shield Texans from the Lone Star State’s Senate Bill (S.B.)
- Patent Law’s (Short-Lived?) Era of Normalcy
by Mark A. Lemley
An unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant turmoil in patent law, with dramatic changes to the statute, a brand-new court in charge of patent appeals, Supreme Court interest not seen since before the invention of the writ of certiorari, dramatic growth in patent applications
- From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs
by Ethan Kadet
State agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the integrity of federal programs, and ensure taxpayer funds achieve congressional goals, federal agencies impose complex regulations on program administrators. Nevertheless, fraud occurs. This forces federal prosecutors to intervene, enforcing 18 U.S.C. § 666 to prosecute federal programs fraud
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