Primary

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New Approach to Affordable Care Act Waivers Causes Controversy

New Approach to Affordable Care Act Waivers Causes Controversy

The Trump Administration encourages states to use “innovation waivers” to find new ways to lower costs.

Latest Interpretation of Clean Water Act Creates Circuit Split

Latest Interpretation of Clean Water Act Creates Circuit Split

Courts disagree over the Clean Water Act’s applicability to the discharge of pollutants into groundwater.

Keeping Fraudulent Shrimp Out of Your Cocktail

Keeping Fraudulent Shrimp Out of Your Cocktail

The U.S. government is clamping down on seafood fraud and illegal fishing for shrimp imports.

New Front in the Labor War Between Uber and Its Drivers

New Front in the Labor War Between Uber and Its Drivers

Rideshare drivers in Philadelphia take their challenge for employee status to the Third Circuit.

The Medical Marijuana Delusion

The Medical Marijuana Delusion

Regulation of marijuana has been based on a false distinction for almost a century.

Agency Independence Under Egypt’s New Media Law

Agency Independence Under Egypt’s New Media Law

Recent legislation raises constitutional issues concerning presidential power over independent agencies.

The Independence of Egypt’s Consumer Protection Agency

The Independence of Egypt’s Consumer Protection Agency

New law implicates the political insulation, structure, and power of Egypt’s consumer protection regulator.

Managing the Monster

Managing the Monster

Lawmakers should be trained to limit excessive regulation.

Preserving Clinician Discretion Under Health Privacy Regulation

Preserving Clinician Discretion Under Health Privacy Regulation

HIPAA does not stop health care providers from disclosing patient information to provide better care.

The Empty Case for Overruling Auer Deference

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Who Gets to Define the Crime?

Who Gets to Define the Crime?

A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

Building Capacity for Economic Analysis at Independent Agencies

Building Capacity for Economic Analysis at Independent Agencies

Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.