Courts

Blaine Saito writes that the end to the Chevron deference doctrine could lead to a return to the National Muffler standard that grants judicial deference to long-standing agency rules and rules promulgated contemporaneously with Congressional statute. This may mean that the courts overturn newer taxation rules, though the Internal Revenue Code provides explicit discretionary rulemaking power to the Treasury and Internal Revenue Service, which should further limit Loper Bright’s impact on the agency.

In new research, Alma Cohen finds that the political affiliations of Circuit Court judges influence decisions in a much wider variety of cases than previously thought.

Why did regulation, corporate governance, and fear of repetitional harm fail to prevent the Boeing 737 Max debacle from happening? A new paper explores...

Though coined by academic economists, the term “consumer welfare standard” has been captured and changed by the economic school of thought known as the...

A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use anticompetitive methods...

A new paper finds that judges who attended law schools with a strong law-and-economics intellectual environment use more economic reasoning, which is positively correlated with a higher...

A close review of the court ruling that approved the $26 billion mega-merger reveals a number of mistakes in Judge Victor Marrero’s reasoning, which...

The legal system is the bloodline of investigative journalism. Recent maneuvers by the Trump administration may jeopardize it.     When done effectively, investigative journalism can greatly...

Existing evidence are not enough to determine whether courts are pro-market or pro-(incumbent)business. President Obama’s plan to nominate Judge Merrick Garland to the Supreme Court...