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....

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...

An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...

The debate about how to address dangers in the increasingly important technology sector misses an essential dimension. It is the same oversight that financial regulators committed prior to the Global Financial Crisis: under-appreciating systemic risk. Fortunately, the responses those regulators...