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Administrative Law Without Courts

This article argues that it is a mistake to fixate on courts as the core safeguard in the modern administrative state. The article surveys federal agencies that regulate us in many ways that either evade judicial review entirely or are at least...

California, Climate, and Dormant Foreign Affairs Preemption (Again)

After President Trump withdrew the United States from the Paris Climate Accord, California announced its continued commitment to the cause by entering into agreements to control global temperature increases with other subnational governments from...