Randolph J. May

Randolph J. May is president of the Free State Foundation, a non-profit, nonpartisan free market-oriented think tank. He is a past chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice and a past member and current senior fellow of the Administrative Conference of the United States. His newest book is A Call for A Radical New Communications Policy: Proposals for Free Market Reform, published by Schiel & Denver.

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.

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Preventing Mass Comment Wars

Preventing Mass Comment Wars

Agencies can welcome public participation while discouraging the submission of mass comments.

The Constitutional Foundations of Communications Law and Policy

The Constitutional Foundations of Communications Law and Policy

The government must recognize constitutional property and free speech rights in communications law and policy.

The Nondelegation Doctrine Is Alive and Well in the States

The Nondelegation Doctrine Is Alive and Well in the States

The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.

The Ongoing Saga of Chevron and Net Neutrality

The Ongoing Saga of Chevron and Net Neutrality

The FCC’s position on internet access will continue to change unless Congress passes clear legislation.

Reforming the FCC’s Captioned Telephone Service Program

Reforming the FCC’s Captioned Telephone Service Program

The FCC ought to consider new approaches to setting rates for captioned telephone service providers.

Adopting Rebuttable Presumptions at the FCC

Adopting Rebuttable Presumptions at the FCC

Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.

Chevron and Net Neutrality at the FCC

Chevron and Net Neutrality at the FCC

Net neutrality has “bounced” from regulation to repeal under an often-used administrative law doctrine.

The Sunshine Act and Transparency at the FCC

The Sunshine Act and Transparency at the FCC

New practice of releasing drafts of proposed actions enhances the public’s understanding of agency actions.

A Call for a Radical New Communications Policy

A Call for a Radical New Communications Policy

The FCC should regulate like antitrust agencies, providing competition-based ex post remedies.