Solving Climate Change through Retirement Plan Regulation
A new ESG Rule is needed to allow sustainable investing of retirement plan assets.
The Irrationality of Market Failure Theory
The economic principles underlying cost-benefit analysis exclude future impacts.
The Role of Law, Not Just the Rule of Law
The law should complement—not control—private decision-making.
The Constitutional Foundations of Communications Law and Policy
The government must recognize constitutional property and free speech rights in communications law and policy.
The Justice Department Should Preserve Home Confinement
The Biden Administration should reject arguments to re-incarcerate people released from prison during the COVID-19 pandemic.
Oh, When the Feds Go Marching-In
Marching-in could allow federal government to commercialize inventions, but at the expense of patent rights.
Regulatory Reset
The Biden memorandum signals continuity in some areas of regulatory practice and dramatic shifts in others.
Flipping the Mission of Regulatory Review
President Biden’s memo could transform the mission of regulatory review by expanding OIRA’s role.
Rejecting the Trump Anticanon of Regulatory Mismanagement
The Biden memo on improving regulatory review reintroduces competent, bipartisan cost-benefit analysis.
A New Era for Regulatory Review
President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process.
Regulatory Review, Biden Style
Agency experts—not OIRA—must take the lead in regulatory decision-making under the Biden Administration.
Regulatory Analysis Needs to Catch Up on Distribution
Regulators should go beyond cost-benefit analysis and evaluate the distributional impacts of regulations.