Administrative Law
38 Articles

The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present

The War on Anthropic: Pretextual Designation and Unlawful Punishment
The Trump administration’s salvo against Anthropic is invalidated by statutory limits, First Amendment freedoms, and the Constitution’s absolute bar against bills of attainder

The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel
DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.

Asia’s Administrative Arms Race: How U.S.-China Strategic Competition is Reshaping Economic Statecraft
Across Asia, formalized legal and bureaucratic mechanisms are reinforcing a regional arms race in administrative instruments. U.S. policy must react accordingly.

The Trump Administration’s Deregulatory Playbook
A deep dive into the Trump administration’s first-year deregulatory agenda, Supreme Court influences, and the evolving limits of agency authority.

Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.

Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.

The AI Action Plan and Federalism: A Constitutional Analysis
If the U.S. AI Action Plan's approach survives constitutional scrutiny, it will erode vital and enduring checks on presidential authority.

Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions

After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.

The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment
The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.