Opinion

The Case for Private AI Governance

The Case for Private AI Governance

Private governance and regulatory sandboxes are the key to democracy, efficiency, and innovation in AI regulation.

Extraterritorial Limits on States as Laboratories of AI Policy

Extraterritorial Limits on States as Laboratories of AI Policy

The constitutional prohibition on extraterritorial regulation restricts democratic experimentation in the AI era.

Reintroduced No FAKES Act Still Needs Revision

Reintroduced No FAKES Act Still Needs Revision

Revisions to proposed federal legislation fail to protect the public and ensure individual control over digital replicas.

To Prompt a Butterfly. On the Traceability of AI-Generated Creations

To Prompt a Butterfly. On the Traceability of AI-Generated Creations

Generative artificial intelligence must be regulated across jurisdictions to address traceability.

Judicial Remedies After CASA

Judicial Remedies After CASA

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

Lessons for Deference From the Telephone Consumer Protection Act

Lessons for Deference From the Telephone Consumer Protection Act

The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.

A Merits Non-Dodge

A Merits Non-Dodge

The Supreme Court sides with the Nuclear Regulatory Commission on procedural grounds but signals support for its licensing authority.

Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.

Proposed OSHA Rule Is Dangerous for Workers and the Law

Proposed OSHA Rule Is Dangerous for Workers and the Law

A proposed rule that rolls back protections for workers sends a troubling signal about regulatory reforms.

Venue in Clean Air Act Challenges

Venue in Clean Air Act Challenges

Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.

Trans Rights and the Future of Sex Discrimination Law

Trans Rights and the Future of Sex Discrimination Law

The Supreme Court considers how the equal protection doctrine applies to transgender individuals.

Recent Legislation Reveals President Trump’s Regulatory Approach

Recent Legislation Reveals President Trump’s Regulatory Approach

President Trump’s latest legislative victory reveals an inefficient approach to deregulating markets.