Bulletin

Volume 37

Bulletin

Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies

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In Trump v. Pennsylvania, the Supreme Court faces the question whether the Administrative Procedure Act’s provision governing scope of judicial review instructs courts to give universal injunctions – injunctions telling the government not to apply a challenged agency action to anyone, not just the plaintiff. That provision, section 706 of title 5 of the United States […]

Bulletin

Haystack in a Hurricane: Mandated Disclosure and the Sectoral Approach to the Right to Privacy

Tyler J. Smith† Privacy law is an extremely complex and complicated problem. And, unfortunately, the United States remains one of the only Western countries without comprehensive consumer data protection laws. Until the federal government decides to address the ubiquitous collection and use of data by corporations with omnibus legislation similar to the EU’s GDPR—or until […]

Bulletin

Wall Street and Progressivism

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William S. Laufer† & Matthew Caulfield†† On the margins of the partisan political divide is a groundswell of anti-corporate rhetoric conjuring images of an unbridled, unregulated, and uncontrollable corporate America. This Essay considers a casualty of this progressive imagery: serious legislative and regulatory reforms to ensure corporate accountability. Demonizing all corporations does little to promote […]