All Essays

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

President Trump’s transgender ban for the military is misguided and potentially illegal.

The FTC and Net Neutrality’s Plan B

The FTC and Net Neutrality’s Plan B

Would the FTC be an effective body for regulating Internet openness?

The Case for Regulating Before Harms Occur

The Case for Regulating Before Harms Occur

Scholar argues that regulators should try to impose penalties before rule violations can hurt society.

Why Cabinet Secretaries Should Not Threaten Members of Congress

Why Cabinet Secretaries Should Not Threaten Members of Congress

Basic principles of American government limit the political role of administrative agencies in legislative debates.

Week in Review

Week in Review

Agencies withdraw rule requiring sleep apnea tests for truck drivers, D.C. Circuit rules EPA cannot regulate use of HFCs, and more…

Do Occupational Licenses Exacerbate the Prison-to-Poverty Pipeline?

Do Occupational Licenses Exacerbate the Prison-to-Poverty Pipeline?

Expert argues that occupational licensing reform will unlock the economic potential of former prisoners.

Regulation of the Chinese Equity Crowdfunding Market

Regulation of the Chinese Equity Crowdfunding Market

Scholar argues that China should model U.S. and U.K. regulation of online investing.

Screaming “Wildfire” in a Crowded Clean Air Act

Screaming “Wildfire” in a Crowded Clean Air Act

Researchers argue for new regulatory treatment of wildfires to improve air quality and public health.

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Structural Reforms to Improve Cost-Benefit Analyses of Financial Regulation

Independent agencies should mirror executive branch practices to overcome judicial scrutiny.

Week in Review

Week in Review

The D.C. Circuit rules in favor of the Obama Administration’s methane rule, the Senate passes an FDA funding bill, and more…

Supreme Court Clarifies Test for Evaluating Useful Articles

Supreme Court Clarifies Test for Evaluating Useful Articles

Decision may have implications for the protection of other industrial designs.

Constraining the SEC’s Enforcement Options

Constraining the SEC’s Enforcement Options

Supreme Court limits agency’s ability to demand repayment of illegal gains.