Opinion

The Coast Guard’s Looming Challenges

The Coast Guard’s Looming Challenges

New maritime risks necessitate further strategic review of the Coast Guard’s legal authority and mission support capabilities.

California’s Attempt to Outlaw Caste-Based Discrimination

California’s Attempt to Outlaw Caste-Based Discrimination

Existing grounds of anti-discrimination law fail to protect vulnerable groups from bias on the basis of ancestry.

Use Specialized Juries in AI Litigation

Use Specialized Juries in AI Litigation

Increasingly complex AI cases require juries of experts and professional peers rather than a random selection of citizens.

Why “Big Data” Is a Big Deal

Why “Big Data” Is a Big Deal

The ongoing Google antitrust trial could shape the future role of big data in digital markets and artificial intelligence.

Let Us Not Raise a Ruckus Over Net Neutrality

Let Us Not Raise a Ruckus Over Net Neutrality

FCC Chair Rosenworcel should reconsider her messaging about the role of public comments in the new net neutrality proceeding.

The Fatal Flaws in the “Abortion Pill” Decision

The Fatal Flaws in the “Abortion Pill” Decision

By second-guessing FDA safety determinations, the Fifth Circuit challenges the Supreme Court to restore agency deference.

How Patents Contribute to High Drug Prices

How Patents Contribute to High Drug Prices

Patents covering drugs selected for Medicare price negotiation show how patents influence drug prices.

Promoting Best Practices for U.S. Regulatory Analysis

Promoting Best Practices for U.S. Regulatory Analysis

Benefit-cost analysis experts advocate changes to a draft update of OMB Circular A-4.

Assessing Algorithms for Public Good

Assessing Algorithms for Public Good

Requiring algorithmic impact assessments would promote responsible decision-making and inform future policies.

New Technology Requires New Regulatory Ambitions

New Technology Requires New Regulatory Ambitions

In the face of new technologies, a nonprofit auto safety body provides an institutional model for elevating public protection ambitions.

Does the Constitution Require Agencies to Use Biased Judges?

Does the Constitution Require Agencies to Use Biased Judges?

The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.

Who Favors Making ALJs At-Will Employees?

Who Favors Making ALJs At-Will Employees?

An upcoming Supreme Court case highlights why businesses and individuals favor for-cause protection for administrative law judges.