From Regulation 1.0 to 2.0
Technological changes are driving market changes that will call for new forms of regulation.
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
Existing grounds of anti-discrimination law fail to protect vulnerable groups from bias on the basis of ancestry.
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
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
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
By second-guessing FDA safety determinations, the Fifth Circuit challenges the Supreme Court to restore agency deference.
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
Benefit-cost analysis experts advocate changes to a draft update of OMB Circular A-4.
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?
The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.
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.