Opinion

An Incomplete Contraceptive Coverage Compromise

An Incomplete Contraceptive Coverage Compromise

Despite political assurances, nothing has changed legally in the contraceptive insurance controversy.

Taking Regulation Seriously

Taking Regulation Seriously

President Obama’s joke about spilled milk helps illustrate the need to understand how regulations actually work.

The Stakes in the Fracking Debate

The Stakes in the Fracking Debate

Fracking holds great promise as a source of U.S. energy.

Judicially Enforced Notice-and-Comment Rulemaking Systematically Biases Results in Favor of Regulated Firms

Judicially Enforced Notice-and-Comment Rulemaking Systematically Biases Results in Favor of Regulated Firms

The rulemaking process in the United States is slow and biased toward business.

Internet Companies’ Speech Does Not Deserve Special Treatment

Internet Companies’ Speech Does Not Deserve Special Treatment

It is inconsistent to support Wikipedia’s blackout while protesting the Supreme Court’s decision in Citizens United.

A Backwards Idea from the FCC

A Backwards Idea from the FCC

The public should not be required to submit copies of material cited in rulemaking comments.

The Need for a Judicial Check on Regulatory Compliance Orders

The Need for a Judicial Check on Regulatory Compliance Orders

The Supreme Court should hold in favor of judicial review in Sackett v. EPA.

A Call for a Radical New Communications Policy

A Call for a Radical New Communications Policy

The FCC should regulate like antitrust agencies, providing competition-based ex post remedies.

Regulatory Opinion: Year in Review

Regulatory Opinion: Year in Review

The REINS Act, the ozone standard, regulatory reform, cost-benefit analysis, the Affordable Care Act, and Dodd-Frank, and more … as discussed in our top opinion posts from 2011.

Calibrating Chevron for Preemption

Calibrating Chevron for Preemption

Regulatory preemption of state law should be tied to the presence of a preemption clause.

Over-Regulation of Parthenotes Stifles Valuable Scientific Research

Over-Regulation of Parthenotes Stifles Valuable Scientific Research

Federal government should fund research using stem cells from unfertilized eggs.

Harvesting Clean Energy

Harvesting Clean Energy

New source performance standards should include energy efficiency.