When Algorithmic Transparency Backfires
To regulate algorithms, regulators must ensure that transparency leads to accountability.
The Regulatory Failure in America’s Absenteeism Crisis
Compulsory school attendance laws place blame on parents while ignoring systemic barriers.
The Regulatory State in Prosecutorial Dress
The Justice Department’s new corporate enforcement policy turns prosecutorial leniency into business regulation.
Will AI Regulatory Sandboxes Work?
The EU’s AI sandboxes create room to experiment, but critics express concern about their efficacy.
The Promise and Limits of the TAKE IT DOWN Act
Recent legislation aims to limit the spread of non-consensual intimate images, but its reach has limits.
Data Privacy and AI Progress
To improve AI performance, regulators must loosen restrictions on data sharing.
New and Growing Challenges to Women’s Freedom of Association
The United Nations’ upcoming comment on the freedom of association must recognize risks unique to women.
When Law Speaks Loudest
Circumventing notice and comment during rulemaking can weaken the evidentiary basis for regulation.
Misusing the Congressional Review Act as a Tool for Land Management Policy
Lawmakers are weaponizing a procedural tool to undo years of careful public lands planning.
How Performance-Based Regulation for Utilities Can Go Wrong
Regulators must be aware of the challenges to performance-based regulation to avoid harming public interests.
We Can Learn from the Oscillations of U.S. Environmental Law
EPA’s recent rollback of a climate rule echoes decades of fluctuation in domestic environmental policy.
Shooting a Gnat With an Unconstitutional Elephant Gun
Proposed legislation aimed at protecting minors online cannot survive strict scrutiny analysis.