Opinion

To Democratize Regulation, Reform Regulatory Analysis

To Democratize Regulation, Reform Regulatory Analysis

Regulators must incorporate public values into their cost-benefit analyses.

Tribal Regulatory Authority to Combat Climate Change

Tribal Regulatory Authority to Combat Climate Change

If the U.S. Congress fails to act on climate change, it should empower Indian tribes to protect their members.

The Most Significant Indian Law Decision in a Century

The Most Significant Indian Law Decision in a Century

A recent Supreme Court decision will have major implications for regulatory authority over tribal land in Oklahoma.

The Tribal COVID-19 Response

The Tribal COVID-19 Response

Native communities have responded to the pandemic in fast-moving, expertise-driven, and innovative ways.

The Legacy of Federal Control in Indian Country

The Legacy of Federal Control in Indian Country

Promoting Native environmental regulation requires confronting historically fraught federal-tribal relationships.

Supreme Court Reinstates Barriers to Abortion by Telemedicine

Supreme Court Reinstates Barriers to Abortion by Telemedicine

The Court requires in-person visits for patients seeking medication abortion despite the risks of COVID-19.

Cognitive Limits on the Value of Consumer Autonomy

Cognitive Limits on the Value of Consumer Autonomy

Cold weather spikes in Texas electricity prices reveal the risks of uninformed consumer choice in complex markets.

Complicated Environmental Regulation in Indian Country

Complicated Environmental Regulation in Indian Country

Federal and state environmental regulations ignore and exclude Native perspectives.

Biometric Data and Midnight Regulations

Biometric Data and Midnight Regulations

The Biden Administration should assess the long-term effect of a Trump era biometric data collection policy.

Solving Climate Change through Retirement Plan Regulation

Solving Climate Change through Retirement Plan Regulation

A new ESG Rule is needed to allow sustainable investing of retirement plan assets.

The Irrationality of Market Failure Theory

The Irrationality of Market Failure Theory

The economic principles underlying cost-benefit analysis exclude future impacts.

The Role of Law, Not Just the Rule of Law

The Role of Law, Not Just the Rule of Law

The law should complement—not control—private decision-making.