Analysis

The Rise of Arbitration and the Fall of Employment Claims

Recent research suggests mandatory arbitration clauses have undermined employment rights.

Getting Railroads to Regulate Sleep Disorders

Transportation safety agency and senators push for regulations combatting sleep apnea in rail employees.

Improving Federal Regulation of Medical Algorithms

Scholar argues that FDA should reform its regulation of algorithm-based medicine.

Enforcing the Fair Credit Reporting Act Through Private Actors

Scholar argues that more private enforcement mechanisms will strengthen consumer credit reporting.

Voters’ Distrust of Legislators Drives Agency Lawmaking

Does Congress delegate its authority to gain credibility with the public?

Uber and Lyft Lobby Their Way to Deregulation and Preemption

Report shows that rideshare companies convinced the majority of states to enact laws in the businesses’ favor.

Loosening the Federal Grip on Immigration Policy

Scholar contends that the emergence of “integrative enforcement” shows a shifting locus of immigration policy.

How to Regulate During a Financial Crisis

Scholar argues that financial regulators must be decisive yet agile when using imperfect information.

More Permissive Zoning Codes Could Make U.S. Workers Richer

Economists find that strict housing regulations may significantly lower U.S. gross domestic product.

Taking a Gamble on Casino Regulation

Scholar argues that rulemakers can “nudge” gamblers toward more rational behavior at casinos.

Regulating the Antibiotic Resistance Crisis

Scholar praises a California law that widely eliminates antibiotics use in the livestock industry.

Negative News for European Union Bank Failure Board

An audit report criticizes the Single Resolution Mechanism and proposes improvements for the EU banking union.