Top Staff Essays of 2022

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The Regulatory Review highlights the top regulatory stories written by our staff in 2022.

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The Regulatory Review is pleased to highlight the top 50 essays from 2022 authored by our staff. These essays, which qualify for this list based on the number of page views, are arranged below in alphabetical order by last name of author.

Criminalizing Pregnancy Loss

Feb 8, 2022 | Annie Blackman

Laws that impose criminal penalties for pregnancy loss regulate the conduct of pregnant people.

Court Says Postal Service Cannot Just Mail It In

April 26, 2022 | Daniella Cass

The D.C. Circuit reminded agencies that they cannot ignore obligations they have discretion to implement.

Medicare and Chevron in the Supreme Court’s New Term

January 12, 2022 | Daniella Cass

With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.

With Proposed Menthol Cigarette Rule, FDA Says Cool It

July 27, 2022 | Daniella Cass

FDA issues proposed rule that would ban menthol as a flavor additive in cigarettes.

The (Un)Regulation of Tattoo Ink

April 7, 2022 | Jamison Chung

FDA should increase its regulatory oversight of tattoo ink safety.

Is the SEC Moving Beyond Disclosure?

September 5, 2022 | Richard DiNapoli

Former regulator argues that proposed SEC rules open up new regulation of securities markets.

Nonprofit Hospital Standards Under Fire

August 16, 2022 | Henry Fisher

Research shows that nonprofit hospitals may not be fulfilling the obligations of their tax-exempt status.

Big Oil Fights New Environmental Law in California

November 30, 2022 | Omar Khodor

The oil and gas industry attempts to quash a California law protecting residents from extraction wells.

How Factory Farming Could Cause the Next COVID-19

October 12, 2022 | Omar Khodor

The CDC should recommend agricultural reforms to reduce pandemic risks caused by factory farms.

What It Means to Support a Waiver of COVID-19 Vaccine Patents

January 13, 2022 | Omar Khodor

The Biden Administration should exert international and domestic pressure to waive COVID-19 vaccine patents.

One Small Step for Space Law

March 24, 2022 | Caitlin Kim

Scholar discusses the impact of NASA’s Artemis Accords on existing international space law.

DNA Testing in Immigration Control

March 15, 2022 | Trevor Kirby

Scholar cautions against the increasing use of biometric testing by immigration authorities.

Piercing the Lawyers’ Monopoly

February 9, 2022 | Trevor Kirby

Scholars argue that state trial judges should lead efforts to deregulate legal representation.

Consumer Protection on the Chopping Block?

November 9, 2022 | Andrew Kliewer

Recent court decision may threaten the future existence of the U.S. Consumer Financial Protection Bureau.

The Data Revolutionizing Credit Scoring

February 10, 2022 | Andrew Kliewer

Scholar argues that new data sources will expand credit access and raise issues of privacy and equity.

The P2P Fraud Conundrum

September 1, 2022 | Andrew Kliewer

Regulators must strike a difficult balance in tamping down increased fraud on peer-to-peer payment platforms.

Invasive Carp Eye the Great Lakes

June 9, 2022 | Hannah Leibson

Regulators struggle to keep pace with migration of invasive species to the Great Lakes.

CMS Confronts an Increase in Medicare Part B Premiums

March 31, 2022 | Brinna Ludwig

CMS reconsiders a recent Medicare premium increase after restricting coverage for a controversial new drug.

The No Surprises Act Still Surprises Consumers

July 26, 2022 | Brinna Ludwig

Medical bills may continue to take consumers by surprise despite the No Surprises Act.

Taking Hearing Aids Over the Counter

January 11, 2022 | Evelyn Mangold

FDA proposes a new rule to permit the purchase of hearing aids without a prescription.

The Viral Injustice of HIV Criminalization

February 24, 2022 | Evelyn Mangold

Scholar argues that HIV criminalization should be replaced with public health policies.

Curbing the Pandemic of Cyber Sexual Abuse

March 30, 2022 | Katherine McKeen

Fueled by the pandemic, the nonconsensual distribution of sexual images requires federal regulatory solutions.

The Inequalities of California’s Environmental Quality Act

May 5, 2022 | Katherine McKeen

Litigation over a state environmental law highlights both potential abuses and opportunities for reform.

Religious Freedom on Death Row

March 1, 2022 | Katherine McKeen

A recent U.S. Supreme Court case highlights death row inmates’ contested religious rights at executions.

Drilling Approvals are Not the Reason for High Oil Prices

June 21, 2022 | Henry Miller

Despite criticism, the Biden Administration’s drilling approvals have had little impact on current prices.

Americans Shortchanged in Pandemic Coin Dearth

March 9, 2022 | Jillian Moss

The Federal Reserve’s response to coin circulation disruptions has created a coin shortage.

A New Approach to Regulating Credit-Scoring AI

June 7, 2022 | Jillian Moss

Scholar presents regulatory solutions to problems posed by using AI to determine credit scores.

The Regulatory Challenges of FinTech

June 14, 2022 | Jillian Moss

Scholar sketches the current regulatory landscape for financial technologies in the United States.

The Podcast Problem

September 15, 2022 | Jillian Moss

The U.S. government should do more to prevent the spread of disinformation via podcasts.

Arguments Against a “Statutory Second Amendment”

February 23, 2022 | Elizabeth Penava

Scholar argues that state laws preempting local gun regulation hinder progress.

Threatening Chevron Deference Threatens Government as a Whole

January 19, 2022 | Elizabeth Penava

Scholar argues that overruling deference to agencies will constrain U.S. government action.

Addressing an Algorithmic PATTERN of Bias

May 10, 2022 | Brianna Rauenzahn

The Justice Department pledges to address racial bias in an algorithm that determines early release.

Addressing the Crisis of Missing and Murdered Indigenous Women

March 2, 2022 | Brianna Rauenzahn

Indigenous women are dual victims of violent crimes and federal policies that fail to mitigate the crisis.

The ADA’s Power to Reduce Overdose Deaths in Prison

September 22, 2022 | Erica V. Rodarte Costa

Scholars argue that the ADA’s protections could prevent overdose deaths for people in prison.

How Enrollment Algorithms Worsen the Student Debt Crisis

February 2, 2022 | Taylor Ross

Scholar advocates regulating the use of enrollment management algorithms in higher education.

Improving the Process of Rulemaking

February 3, 2022 | Axel Sarkissian

The OECD analyzes the progress of regulatory frameworks in member countries.

The Precedent for Noncitizen Voting

March 3, 2022 | Alana Sheppard

New York City’s move to allow noncitizens to vote in local elections is not unprecedented

Regulating Sponsored Influencer Marketing

June 1, 2022 | Alana Sheppard

Influencer advertising can bring large profits, but experts say it may also pose unique dangers to consumers.

Is Fast Fashion Moving Too Fast?

June 23, 2022 | Karis Stephen

Scholars assess what it will take to support sustainability within the global fashion industry.

New California Law Forces Fast Food Workers to Think Fast

October 25, 2022 | Karis Stephen

California governor enacts a law that gives fast food workers greater protections.

Ending the Virtual School-to-Prison Pipeline

January 18, 2022 | Margaret Sturtevant

Civil rights attorney examines legal issues presented by virtual school disciplinary policies.

Amusement Park Regulation’s Bumpy Ride

August 31, 2022 | William Tunney

A patchwork of state and private industry oversight leaves room for federal intervention.

Law Students Can Now Argue Copyright Claims

May 10, 2022 | William Tunney

A new U.S. Copyright Office rule allows law students to appear before the Copyright Claims Board.

Regulating the Defense Industry’s Revolving Door

January 20, 2022 | William Tunney

GAO recommends the U.S. Department of Defense amend regulations restricting lobbying by former personnel.

Does DARPA’s Legal Structure Lead to Ethical Lapses?

June 16, 2022 | Madeline Verniero

The agency’s design allows it to develop advanced technologies, some of which present ethical implications.

The Biden-Harris Administration’s Racial Equity Efforts

January 17, 2022 | Jocelyn Walcott

Although much more work remains, the current Administration has made historic progress in advancing equity.

Are Electric Shock Devices Torture or Therapy?

February 22, 2022 | Jasmine Wang

The use of electric shock devices on people with disabilities remains deeply controversial.

Last Federal Mask Mandate Standing

April 25, 2022 | Jasmine Wang

A federal judge rules CDC cannot require travelers to wear masks on airplanes or public transportation.

Electric Vehicle Fires Spark Firefighter Safety Concerns

August 11, 2022 | Sam Wong

Experts say regulators need to set better electric vehicle safety standards for emergency responders.

FERC Proposes Revamp to Pipeline Approval Process

May 4, 2022 | Michael Zschokke

FERC proposes environmental justice concerns play a larger role in federal approvals of natural gas pipelines.

This page is part of a five-part series, entitled The 2022 Regulatory Year In Review.