The Tennis Channel v. Comcast: Game Over?
New opinion highlights debate over the role of antitrust law in FCC disputes.
Week in Review
Administration accommodates religious groups, Treasury announces delay of employer mandates, and more.
Will Proposed Federal Rule Effectively Relax Stricter State Bans on Shark Finning?
Marine agency’s proposed rule may preempt more protective state and territorial laws.
What Should the New OIRA Administrator Do?
Now that Howard Shelanski is confirmed, he faces choices about his priorities.
Regulating by Reference
The Regulatory Review features an examination of “incorporation by reference” by legal experts on regulation and administrative law.
Collaboration is the Key to Making the Law Free
Incorporation by reference should be structured to ensure both access and efficiency.
Do Lower Speed Limits Cost Society Less?
Study finds lower speed limits reduce fatal accidents and pollution levels.
Debate over OIRA’s Virtues and Vices Continues
Cass Sunstein and Lisa Heinzerling debate what really happens in OIRA.
Defining Government Failure
Ideological presumptions should not obscure key elements of “government failure.”
Tax Administration and the “Force of Law”
Current tax administration reveals agencies’ muddled application of “force of law” determinations.
A Call to Clarify the Regulatory Scope of Money Transmitter Laws
The scope of state law threatens the viability of new payment systems.