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
Agencies can welcome public participation while discouraging the submission of mass comments.
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 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 FCC’s position on internet access will continue to change unless Congress passes clear legislation.
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
Deregulatory rebuttable presumptions would help advance the goals of the Telecommunications Act.
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
New practice of releasing drafts of proposed actions enhances the public’s understanding of agency actions.
A Call for a Radical New Communications Policy
The FCC should regulate like antitrust agencies, providing competition-based ex post remedies.