All Essays

Week in Review

Week in Review

President Biden cancels Alaska oil and gas leases, CMS establishes new nursing home staffing requirements, and more…

Achieving Regulatory Success Through Failure

Achieving Regulatory Success Through Failure

Scholar argues that regulators need “permission to fail” when adapting to private sector innovation.

Grid Governance Reform for a Clean Energy Transition

Grid Governance Reform for a Clean Energy Transition

Scholars urge RTOs to adopt more pluralist governance model.

Modernizing the “Value of a Statistical Life”

Modernizing the “Value of a Statistical Life”

Regulators should adopt alternative approaches to valuing avoided mortality in regulatory analysis.

AI, Due Process, and Trade Secrets

AI, Due Process, and Trade Secrets

A recent court decision about pencils may turn out to help protect rights in an era of artificial intelligence.

Medical Debt Collection

Medical Debt Collection

Experts discuss how regulators can protect consumers from aggressive collection practices.

Week in Review

Week in Review

EPA revises key Clean Water Act definitions, HHS recommends the reclassification of marijuana as less dangerous, and more…

How Fixing the Past May Create Future Regulatory Problems

How Fixing the Past May Create Future Regulatory Problems

Scholar argues that generational amnesia may lead to ineffective regulatory solutions in the future.

Social Media Deplatforming

Social Media Deplatforming

Scholar brings a historical perspective to the debate around social media deplatforming.

Could West Virginia v. EPA Strengthen State Climate Laws?

Could West Virginia v. EPA Strengthen State Climate Laws?

Scholars argue that a recent Supreme Court decision may bolster state climate lawsuits.

Premerger Notification Proposal Faces a Rocky Path

Premerger Notification Proposal Faces a Rocky Path

The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review.

Are Most Federal Statutes Unconstitutional?

Are Most Federal Statutes Unconstitutional?

Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine.