Opinion

The Next Front for Reigning in Regulatory Preemption

The Next Front for Reigning in Regulatory Preemption

The next logical step to limit the administrative state is shown by recent Supreme Court concurrences.

Regulatory Capture and Fossil Fuel Attempts to Preempt Tort Suits

Regulatory Capture and Fossil Fuel Attempts to Preempt Tort Suits

Fossil fuel companies threaten to complete the regulatory capture of EPA.

The Regulatory Vacuum in AI-Amplified Influence Operations

The Regulatory Vacuum in AI-Amplified Influence Operations

The United States lacks a legal framework to govern AI-powered bot farms and coordinated political manipulation.

The Challenge of Regulatory Preemption in AI Governance

The Challenge of Regulatory Preemption in AI Governance

Courts should defer to persuasive agency interpretations of statutes.

Buy the Evidence, Do Not License the Model

Buy the Evidence, Do Not License the Model

Congress should require independent evidence for AI models through the procurement process.

Skipping Asylum Interviews Will Not Fix the Asylum Backlog

Skipping Asylum Interviews Will Not Fix the Asylum Backlog

DHS’s new rule shifts affirmative asylum claims into an overloaded, adversarial court system.

Discrimination by Design Is Still Discrimination

Discrimination by Design Is Still Discrimination

Calling an unlawful transfer of statutory functions a “partnership” does not make it legal.

The Case Against Gas-Powered Leaf Blowers Has Only Grown Stronger

The Case Against Gas-Powered Leaf Blowers Has Only Grown Stronger

Accumulated evidence on the harms of gas leaf blowers has bolstered the rationale for regulation.

The Memo That Rewrites Seventy Years of Immigration Law

The Memo That Rewrites Seventy Years of Immigration Law

A new agency memo could endanger noncitizens’ ability to apply for and obtain citizenship.

The True Value of Better Regulation Lies Beyond Simplification

The True Value of Better Regulation Lies Beyond Simplification

Governments cannot ignore the indirect effects of regulations to reap their full benefits.

California’s Gas Crisis Is a Policy Failure at Every Level

California’s Gas Crisis Is a Policy Failure at Every Level

Historical policy missteps have left California vulnerable to increasing oil prices.

Crypto Assets Have No Place in 401(k) Plans

Crypto Assets Have No Place in 401(k) Plans

A proposed rule would allow wealthy investors to unload crypto assets at the expense of average Americans.