All Essays

Why Past Rail Mergers Are a Poor Guide

Why Past Rail Mergers Are a Poor Guide

The Union Pacific-Norfolk Southern deal should be evaluated by weighing its potential benefits.

Why Financial Regulators Will Turn to Exams Over Rulemaking

Why Financial Regulators Will Turn to Exams Over Rulemaking

Changes in technology and the law will make “policymaking by examination” more attractive to regulators.

Calls for Change in the Regulation of Telehealth Medicine

Calls for Change in the Regulation of Telehealth Medicine

Scholars propose reforms to improve virtual care and access.

High-Risk AI and the Limits of Risk-Based Regulation

High-Risk AI and the Limits of Risk-Based Regulation

Scholars argue that the EU’s risk-based AI rules need strengthening to protect fundamental rights.

Week in Review

Week in Review

President Trump signs executive orders to waive tariffs and establish a women’s health division, and more…

The Nondelegation Doctrine as a Check on Presidential Power

The Nondelegation Doctrine as a Check on Presidential Power

Scholar argues that courts should scrutinize delegations to the President more closely than those to agencies.

A Roadmap for Regulating Robotaxies

A Roadmap for Regulating Robotaxies

Scholars propose regulations to leverage the benefits of robotaxis while managing the risks.

Are Americans Unknowingly Exporting an Environmental Crisis?

Are Americans Unknowingly Exporting an Environmental Crisis?

Americans’ clothing donations often merely export environmental hazards to the Global South.

The Default Rule is the Regulation

The Default Rule is the Regulation

One physician’s signature can disarm a Pennsylvanian indefinitely.

Lifting the FOIA Veil

Lifting the FOIA Veil

Margaret Kwoka maps FOIA trends and explores barriers to using FOIA to increase government accountability.

States Advance Climate and Energy Policy Amid Federal Retreat

States Advance Climate and Energy Policy Amid Federal Retreat

Scholars discuss the impacts of federal energy policy and state-level climate policy.

Week in Review

Week in Review

Energy Department issues emergency power order, IRS moves to tighten access to health tax credits, and more…