Process

Congress Should Eliminate the FCC’s Public Interest Authority

Congress Should Eliminate the FCC’s Public Interest Authority

The FCC’s authority to regulate needs to reflect the modern realities of broadcasting.

No Need for the Supreme Court to Revisit the Fairness Doctrine

No Need for the Supreme Court to Revisit the Fairness Doctrine

The Court should not overturn a settled doctrine that ensures the fair use of airwaves.

Revisiting Broadcast Fairness

Revisiting Broadcast Fairness

Scholars and practitioners debate the continued need for the FCC’s fairness doctrine for broadcast news.

Revisiting Congressional Oversight

Revisiting Congressional Oversight

Abolishing needed protections through the Congressional Review Act is not effective oversight.

Delegated Discretion is the New Deference

Delegated Discretion is the New Deference

Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.

The Supreme Court Should Overturn the Fairness Doctrine

The Supreme Court Should Overturn the Fairness Doctrine

The Court should no longer allow the government to require that broadcasters air opposing views on public issues.

In Defense of Regulatory Federalism

In Defense of Regulatory Federalism

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

The Uncertain Future of the Separation of Powers

The Uncertain Future of the Separation of Powers

Peter M. Shane discusses recent expansions of presidential power.

“Regulating” Instead of “Regulation”

“Regulating” Instead of “Regulation”

Scholar argues that regulation should be thought of as a verb, because regulating well demands dynamic and ongoing effort.

Judicial Remedies After CASA

Judicial Remedies After CASA

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

Improving the Administrative State

Improving the Administrative State

Matthew Lee Wiener discusses his career in public service and current challenges facing the administrative state.