The Regulatory Review highlights the top essays written by its staff in 2024.
The Regulatory Review is pleased to highlight the top essays authored by our staff in 2024. These essays—selected based on their number of page views—are arranged below in alphabetical order by last name of author.
Artificial Intelligence in Political Campaigns
November 27, 2024 | Aadam Barclay
The Federal Election Commission will not propose a rule banning deepfakes in campaign communications.
Regulating Workplace Heat Exposure
November 28, 2024 | Sadie Basila
Scholar argues that OSHA has the authority to regulate occupational heat exposure.
Breaking the Climate Disaster Cycle
October 23, 2024 | Kyle Bradley
Scholar proposes new strategies for disaster law that focus on proactivity.
Rethinking Administrative Law for the Environment
December 3, 2024 | Kyle Bradley
Scholar argues that a recalibration of administrative law is necessary to respect congressional intent in environmental statutes.
FCC’s New Rule Protects Domestic Violence Survivors’ Cell Phone Access
March 5, 2024 | Noah Brown
FCC says a cell phone can be an abuser’s tool of control or a survivor’s lifeline.
Tribes Face Unique Barriers to Entering the Cannabis Industry
June 6, 2024 | Noah Brown
Scholar argues that licensing, financing, and banking laws prevent tribes from entering the booming cannabis industry.
The Wild World of Wildlife Conservation Funding
May 16, 2024 | Madeline Bruning
As traditional revenue sources decline, state wildlife agencies are on the hunt for new funding solutions.
Challenging Drug Patents to Lower Prices
May 28, 2024 | Katie Cohen
The FTC cracks down on improperly listed drug patents, challenging over 100 patent listings.
The Consequences of America’s Big Bet on Sports Gambling
December 10, 2024 | Brian Connor
Two research teams find that legalizing sports betting may negatively impact American consumers.
Strengthening Democracy Through Tax Policy
May 7, 2024 | Brian Connor
Scholar proposes a set of democracy-centered criteria for evaluating tax regulations.
Balancing Conflicting Sustainable Development Goals
November 20, 2024 | Cross Conrad
Scholars study the tradeoffs of sustainable wastewater management and avian biodiversity.
FDA Targets Toxic Soda Ingredients
August 15, 2024 | Alyson Diaz
FDA proposes a rule that would prohibit the use of a toxic food additive in sodas.
The Future of Plant-Based Meats
June 11, 2024 | Alyson Diaz
Scholar recommends that regulators change food label laws to increase consumers’ access to plant-based meats.
Increasing Protections for Farm Animals
October 10, 2024 | Alyson Diaz
Scholar recommends that federal legislators impose humane housing requirements for all farm animals.
Reforming Labor Law to Protect U.S. Workers
March 13, 2024 | Korinne Dunn
Scholars argue that the best way to improve labor law is to change union election rules.
The Myth of Operation Choke Point
March 7, 2024 | Julia Englebert
Scholar corrects the narrative that spawned laws prohibiting banks from cutting ties with the gun industry.
The Flaws in Jarkesy and Why Certain Civil Penalties May Survive
November 6, 2024 | Gina Gkoulgkountina
Scholar argues that civil penalties under environmental laws may survive Seventh Amendment challenges.
Organ Transplantation System Modernization
June 4, 2024 | Victoria Hawekotte
UNOS may no longer retain sole control of the organ transplantation network.
Regulating Wartime Artificial Intelligence
April 25, 2024 | Gianna Hill
Scholar analyzes potential strategies to regulate wartime use of artificial intelligence.
Qualified Immunity as Gun Control
October 30, 2024 | Bryn Hines
Scholars argue that qualified immunity could shield officers who confiscate guns from dangerous individuals from liability.
The Right to Self-Shelter
October 16, 2024 | Bryn Hines
Scholar argues that unhoused individuals should have the right to decide whether to use government shelter.
A Green Wash-Out
October 29, 2024 | Tyler Hoguet
A scholar analyzes the differences between the American and EU approaches to regulating greenwashing.
Baseball’s Antitrust Exemption
June 26, 2024 | Tyler Hoguet
Scholars argue that MLB’s antitrust exemption has decreased engagement with baseball for players and fans.
Estimating the Impact of Regulation on Business
February 28, 2024 | Tyler Hoguet
Scholars claim that the cost of regulatory compliance disproportionately affects medium-sized firms.
Increasing Sports Gambling Taxes Through Regulation
February 10, 2024 | Tyler Hoguet
Scholars call for improved regulation of sports gambling.
Regulating Online Food Delivery Platforms
April 9, 2024 | Tyler Hoguet
Scholars study the impact of commission fee caps on online food delivery platforms.
Freeing Students From Online Surveillance
October 15, 2024 | Leo Huang
Scholar calls for reform of schools’ surveillance systems to protect students’ rights to free speech and privacy.
Reconsidering Online Platforms’ Liability
October 24, 2024 | Leo Huang
To protect users’ free speech and privacy rights, scholar calls for limiting online platforms’ legal shield.
When Can a Business Refuse to Sell?
October 22, 2024 | Leo Huang
Scholar argues that 303 Creative only grants businesses a limited First Amendment right not to provide service.
Texas Universities Shut Out Diversity, Equity, and Inclusion
April 2, 2024 | Anilya Krishnan
The recent implementation of SB 17 mandates the closure of DEI offices in public Texas universities.
The Battle Over Student Rights and Race
March 6, 2024 | Jordan Lassiter
Scholar suggests that public school students have a right to receive critical race theory education.
Should Patents Create Incentives for Failure?
December 5, 2024 | Sunny Light
Scholar argues that patents do not—and should not—compensate for the costs of drug development.
You’re on Your Own, Kid Influencers
August 13, 2024 | Elizabeth Martinez
Scholar proposes a legal framework to safeguard child content creators’ social media earnings.
Is it Time to Say Goodbye to Tipping?
February 14, 2024 | William McDonald
Commentator argues that tipping should be abolished because it promotes wage theft and inequality.
An Intersectional Approach to Regulating Women’s Health
November 19, 2024 | Tasneem Mohammad
Scholar calls for regulators to correct the dangers of inadequate cosmetics regulations for women of color.
The Underregulation of Carcinogen Exposure
October 17, 2024 | Tasneem Mohammad
Scholar calls for Congress to empower regulators to limit exposure to cancer-causing chemicals.
Addressing Corporate Governance Failures in Fintech
May 8, 2024 | Josephine A. Phillips
Lawyer explores corporate governance issues in financial technology firms and proposes reforms.
Establishing Regulatory Guardrails for Elderly Drivers
July 10, 2024 | Josephine A. Phillips
Scholars urge state lawmakers to strengthen driving regulations for seniors to address public safety concerns.
Holding “Green Gatekeepers” Accountable
November 7, 2024 | Josephine A. Phillips
Scholars urge policymakers to regulate green gatekeepers to reduce greenwashing.
“Zoning” In on Affordable Housing and Climate Change
March 20, 2024 | Josephine A. Phillips
Scholars argue that relaxing zoning laws may not have the effect that policymakers intend.
Copyright and Creativity in the Age of AI
January 23, 2024 | Will Rasenberger
Recent lawsuits challenge artificial intelligence tools’ use of original works as copyright infringement.
Does the First Amendment Protect AI Generated Speech?
March 19, 2024 | Will Rasenberger
Regulating artificial intelligence disinformation could test the First Amendment’s limits.
The Inequalities of Digital Music Streaming
May 30, 2024 | Zoe Stern
Despite increased attention and revenue, the music streaming industry remains largely unregulated.
Trump’s Deregulatory Failures
January 31, 2024 | Zoe Stern
Scholar argues that President Donald Trump’s deregulatory agenda was not successful in the long term.
Digital Health Technologies for an Aging Population
October 31, 2024 | Rachael Totz
Scholars examine the challenges of using digital health technologies to care for cognitively impaired adults.
Expanding Access to Food as Medicine
December 4, 2024 | Rachael Totz
Policymakers debate whether to use federal health care funding to cover nutrition programs.
Using Disability Justice to Reimagine Our Immigration System
November 21, 2024 | Zoe Verni
Scholars propose a path forward to address ableism in the modern immigration system.
Protecting the Reproductive Autonomy of Disabled People
November 5, 2024 | Mikaela Wells
Scholar proposes regulatory solutions to protect disabled individuals’ reproductive autonomy.
Navigating the Challenges of Publicizing Social Media Data
November 26, 2024 | Emily Wen
Scholars argue that data-sharing lessons from clinical trials can apply to social media.
Enron Revisited
January 4, 2024 | Riann Winget
Scholar argues that regulatory action should reflect underlying causes of corporate fraud.
This essay is part of a series, entitled “The 2024 Regulatory Year in Review.”
