Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American ...

After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, ...

Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes ...

Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed ...

After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development ...