With expanding global trade, the challenge of protecting consumers from unsafe food, pharmaceuticals, and consumer products has grown increasingly salient, necessitating the development of new policy ideas and analysis. This chapter introduces the book, Import Safety: Regulatory Governance in...

How can Congress play a role in formulating national security policy? This Article identifies one way that Congress already plays such a role: in its oversight of executive branch decisions regarding foreign investments in the United States, via the Committee on Foreign Investment in the United...

This literature review asks three questions of the scholarship on the regulatory networks that have so far transformed global governance. First, what are these networks good for? We summarize the state of the literature on regulatory races, the fit between networks and the process of...

Two recent novels portray the substantively unhappy and morally unfulfilling lives of young associates who work long hours in large, elite law firms. As it turns out, their search for love, happiness, and moral purpose is largely in vain. In the rarefied atmosphere of both fictitious firms, the...

Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives...

The global financial crisis was a challenge to three of the most promising, and seemingly effective, institutions of international law - the World Trade Organization, the International Monetary Fund, and the international network of regulatory agencies - and it was a challenge they failed to...

This article argues that the complex doctrine of judicial review of administrative action - containing no less than six separate tests depending on the sort of agency action to be reviewed - both descriptively is and normatively should be simplified into a “reasonable agency” standard....

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges...

The new prominence of constitutional tort claims like Valerie Plame's and Jose Padilla's calls for a re-examination of the form, a basic, but often overlooked, kind of lawsuit. This essay divides constitutional tort claims into three different types, each with different purposes and different...

This article posits that the creation and development of international regulatory regimes has so far required a choice between rulemaking and adjudication. Regulators that wish to make policy broadly and prospectively have done so informally and through rules. More elaborate and powerful...