The government must recognize constitutional property and free speech rights in communications law and policy.
The Biden Administration should reject arguments to re-incarcerate people released from prison during the COVID-19 pandemic.
Marching-in could allow federal government to commercialize inventions, but at the expense of patent rights.
The Biden memorandum signals continuity in some areas of regulatory practice and dramatic shifts in others.
President Biden’s memo could transform the mission of regulatory review by expanding OIRA’s role.
The Biden memo on improving regulatory review reintroduces competent, bipartisan cost-benefit analysis.
President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process.
Agency experts—not OIRA—must take the lead in regulatory decision-making under the Biden Administration.
Regulators should go beyond cost-benefit analysis and evaluate the distributional impacts of regulations.
A private fairness doctrine could induce more accurate media by dismantling the political information bubble.
In a recent book, Cass Sunstein and Adrian Vermeule defend the administrative state against political threats and growing distrust.
A religious freedom law invoked by conservative groups may also protect progressive causes.