Opinion

The Constitutional Foundations of Communications Law and Policy

The Constitutional Foundations of Communications Law and Policy

The government must recognize constitutional property and free speech rights in communications law and policy.

The Justice Department Should Preserve Home Confinement

The Justice Department Should Preserve Home Confinement

The Biden Administration should reject arguments to re-incarcerate people released from prison during the COVID-19 pandemic.

Oh, When the Feds Go Marching-In

Oh, When the Feds Go Marching-In

Marching-in could allow federal government to commercialize inventions, but at the expense of patent rights.

Regulatory Reset

Regulatory Reset

The Biden memorandum signals continuity in some areas of regulatory practice and dramatic shifts in others.

Flipping the Mission of Regulatory Review

Flipping the Mission of Regulatory Review

President Biden’s memo could transform the mission of regulatory review by expanding OIRA’s role.

Rejecting the Trump Anticanon of Regulatory Mismanagement

Rejecting the Trump Anticanon of Regulatory Mismanagement

The Biden memo on improving regulatory review reintroduces competent, bipartisan cost-benefit analysis.

A New Era for Regulatory Review

A New Era for Regulatory Review

President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process.

Regulatory Review, Biden Style

Regulatory Review, Biden Style

Agency experts—not OIRA—must take the lead in regulatory decision-making under the Biden Administration.

Regulatory Analysis Needs to Catch Up on Distribution

Regulatory Analysis Needs to Catch Up on Distribution

Regulators should go beyond cost-benefit analysis and evaluate the distributional impacts of regulations.

Time to Solve the Information Problem

Time to Solve the Information Problem

A private fairness doctrine could induce more accurate media by dismantling the political information bubble.

Putting the Fizz Back Into Bureaucratic Justice

Putting the Fizz Back Into Bureaucratic Justice

In a recent book, Cass Sunstein and Adrian Vermeule defend the administrative state against political threats and growing distrust.

When Courts Play God, Whose Religion Matters?

When Courts Play God, Whose Religion Matters?

A religious freedom law invoked by conservative groups may also protect progressive causes.