This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under the Administrative Procedure Act (APA). But parties may also seek an injunction or declaratory judgment with respect to a non-final action hat violates a statute or the Constitution. Traditionally, such “ultra vires” review required a clearly

University endowment taxation is now one of the most significant issues in U.S. federal tax policy, and it only promises to grow in prominence over the next four years. Yet while growing criticism of university wealth has precipitated a wave of proposed tax legislation, policymakers and scholars have largely avoided engaging with the deeper political questions that lurk behind this

The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision. However, the relationship between deference law and agency litigation outcomes is unclear. It is possible that deference law is immaterial to agency litigation outcomes. This Article undertakes a sweeping historical-empirical examination of the relationship between deference

The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largely overlooked a set of externalities that lead firms across the economy to systematically underinvest in resilience, with macroeconomically harmful consequences. In this Article, we address this gap with a theory of the law and economics

This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has historically revolved around internal control of firms, i.e., equity acquisition. Deals that are blocked by antitrust law are based on the acquisition of firms and the harm that combined internal control can impose. Thus, mergers and

In May 2024, the Federal Trade Commission (FTC) finalized its rule invalidating most non-competition agreements for approximately thirty million workers across the United States.[1] While the regulation has been formally abandoned by the FTC,[2] it represented the most aggressive antitrust action ever taken by the federal government against non-competition agreements, or “non-competes.”[3] The rule has provoked much discussion about the

Chrystul Kizer.[1] Cyntoia Brown.[2] Pieper Lewis.[3] Alexis Martin.[4] These names represent just a handful of survivors of child sex trafficking (CST) who committed violent felonies as a result of their victimization—leading to time behind bars.[5] Sex traffickers often coerce CST victims into committing or being indirectly involved in violent felonies, including kidnapping or robbery, knowing that penalties for children