In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.
Agencies can welcome public participation while discouraging the submission of mass comments.
The government must recognize constitutional property and free speech rights in communications law and policy.
The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.
The FCC’s position on internet access will continue to change unless Congress passes clear legislation.
The FCC ought to consider new approaches to setting rates for captioned telephone service providers.
Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.
Net neutrality has “bounced” from regulation to repeal under an often-used administrative law doctrine.
New practice of releasing drafts of proposed actions enhances the public’s understanding of agency actions.
The FCC should regulate like antitrust agencies, providing competition-based ex post remedies.