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Punishing the Innocent

Punishing the Innocent

Congress should not sabotage regulatory authorizations with sunset provisions.

Delegation, Time, and Congressional Capacity

Delegation, Time, and Congressional Capacity

Courts should continue to apply canons of construction narrowly to limit the broad congressional delegation of power.

Regulate Non-Competes by Administrative Adjudication

Regulate Non-Competes by Administrative Adjudication

The FTC should use adjudications to establish policy on employment non-compete clauses.

Can the U.S. Outpace Disease Outbreaks?

Can the U.S. Outpace Disease Outbreaks?

In the United States, disease outbreaks challenge emergency preparedness.

Institutional Gridlock

Institutional Gridlock

Without structural change, Congress will remain unable to legislate effectively.

Delegation and Time … and Staff

Delegation and Time … and Staff

Without an adequate amount of staff Congress cannot govern effectively.

Current Law Helps Shield Attorney General From Independent Review

Current Law Helps Shield Attorney General From Independent Review

A government watchdog office needs authority to investigate issues related to federal prosecutions.

How Long is Too Long for Legislative Delegation?

How Long is Too Long for Legislative Delegation?

The temporal problem of delegation is rooted in empirical evidence.

Regulation of AI Should Reflect Current Experience

Regulation of AI Should Reflect Current Experience

Federal guidance on artificial intelligence needs additions to ensure the U.S. has a seat at the international table.

Reviving Congress’s Ambition

Reviving Congress’s Ambition

Regular reauthorization of statutes can fix congressional delegation’s temporal problem.

Is Most of the Federal Government Unconstitutional?

Is Most of the Federal Government Unconstitutional?

The academic debate over the history and the future of the nondelegation doctrine is far from over.

Tech Companies Need Their Social Licenses

Tech Companies Need Their Social Licenses

Social license and the bundling of laws and resources can constrain tech companies from aggressive maneuvering.