Opinion

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

An Electric Solution for Low-Income Residents

An Electric Solution for Low-Income Residents

Federal programs should better protect low-income residents from rising energy costs.

Vaccine Mandates and Roads Not Taken

Vaccine Mandates and Roads Not Taken

Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.

The Biden-Harris Administration’s Racial Equity Efforts

The Biden-Harris Administration’s Racial Equity Efforts

Although much more work remains, the current Administration has made historic progress in advancing equity.

Unlocking the Potential Between Blockchain and Antitrust

Unlocking the Potential Between Blockchain and Antitrust

The tech and legal communities should recognize the complementary nature of antitrust law and blockchain.

What It Means to Support a Waiver of COVID-19 Vaccine Patents

What It Means to Support a Waiver of COVID-19 Vaccine Patents

The Biden Administration should exert international and domestic pressure to waive COVID-19 vaccine patents.

Empathy in an Automated State

Empathy in an Automated State

Increased use of artificial intelligence in public administration calls for efforts to give government a human touch.

Pushing Social Media Platforms to Self-Regulate

Pushing Social Media Platforms to Self-Regulate

Social media companies may increase content oversight if motivated by federal incentives and liabilities.

Mass Comments’ Opportunity Costs

Mass Comments’ Opportunity Costs

What is lost when those with something to say join the mass comments bandwagon?

Comparing U.S. and Chinese Environmental Risk Regulation

Comparing U.S. and Chinese Environmental Risk Regulation

Research comparing risk regulation in the United States and China reveals selective variations, not sharp contrasts.

Democracy, Rulemaking, and Outpourings of Comments

Democracy, Rulemaking, and Outpourings of Comments

Scholars and policymakers should recognize the democratic benefits of public comments.

Managing Mass Comment “Supply” by Reducing “Demand”

Managing Mass Comment “Supply” by Reducing “Demand”

Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.