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Rethinking the AI Race

Rethinking the AI Race

Openness in AI models is not the same as freedom.

To Regulate the Voluntary Carbon Market, Start at the FTC

To Regulate the Voluntary Carbon Market, Start at the FTC

The scope of the FTC’s authority puts it in the best position among agencies to regulate carbon credits.

Academic Toadies Impair Government Performance

Academic Toadies Impair Government Performance

The Trump Administration’s hiring of academics who compromise disciplinary standards threatens effective governance.

In Defense of Regulatory Federalism

In Defense of Regulatory Federalism

Developing state policies on AI and autonomous vehicles is crucial to effective federal regulation.

The Case for Private AI Governance

The Case for Private AI Governance

Private governance and regulatory sandboxes are the key to democracy, efficiency, and innovation in AI regulation.

Extraterritorial Limits on States as Laboratories of AI Policy

Extraterritorial Limits on States as Laboratories of AI Policy

The constitutional prohibition on extraterritorial regulation restricts democratic experimentation in the AI era.

Reintroduced No FAKES Act Still Needs Revision

Reintroduced No FAKES Act Still Needs Revision

Revisions to proposed federal legislation fail to protect the public and ensure individual control over digital replicas.

Judicial Remedies After CASA

Judicial Remedies After CASA

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

Lessons for Deference From the Telephone Consumer Protection Act

Lessons for Deference From the Telephone Consumer Protection Act

The Supreme Court reinforces and expands its 2024 ruling in Loper Bright.

A Merits Non-Dodge

A Merits Non-Dodge

The Supreme Court sides with the Nuclear Regulatory Commission on procedural grounds but signals support for its licensing authority.

Constitutional Continuity in a Time of Change

Constitutional Continuity in a Time of Change

The Supreme Court rejects a nondelegation challenge to the FCC’s power to set universal service fees.

Proposed OSHA Rule Is Dangerous for Workers and the Law

Proposed OSHA Rule Is Dangerous for Workers and the Law

A proposed rule that rolls back protections for workers sends a troubling signal about regulatory reforms.