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The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions. GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury GOVERNMENT REGULATION: THE GOOD, THE BAD, & THE UGLY Government Regulation: The Good, The Bad, & The Ugly. The authors of this paper examine the important role regulations play in a vibrant economy, how they differ from other government programs, why they can produce unintended consequences, and how reforms could help us achieve the benefits regulations can provide with fewer negative outcomes. EXPLAINER EPISODE 19 In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report. Subscribe to the Fourth Branch Podcast on Apple Podcasts , Spotify , and Spreaker. THE FDA'S APPROACH TO OFF -LABEL COMMUNICATIONS 10 May 2018 . The FDA's Approach to Off -Label Communications: Restricting Free Speech in Medicine? FDA & Health . Christina Sandefur . The views expressed are those of WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions. GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury GOVERNMENT REGULATION: THE GOOD, THE BAD, & THE UGLY Government Regulation: The Good, The Bad, & The Ugly. The authors of this paper examine the important role regulations play in a vibrant economy, how they differ from other government programs, why they can produce unintended consequences, and how reforms could help us achieve the benefits regulations can provide with fewer negative outcomes. EXPLAINER EPISODE 19 In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report. Subscribe to the Fourth Branch Podcast on Apple Podcasts , Spotify , and Spreaker. THE FDA'S APPROACH TO OFF -LABEL COMMUNICATIONS 10 May 2018 . The FDA's Approach to Off -Label Communications: Restricting Free Speech in Medicine? FDA & Health . Christina Sandefur . The views expressed are those of WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on STATE OF EMERGENCY? KENTUCKY’S LEGISLATURE On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth’s legislature may set parameters to the Governor’s exercise of emergency powers. DEEP DIVE EPISODE 180 With his new casebook, “Administrative Law Theory and Fundamentals: An Integrated Approach,” Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. F.D.A. APPROVES ALZHEIMER’S DRUG DESPITE FIERCE DEBATE The Food and Drug Administration on Monday approved the first new medication for Alzheimer’s disease in nearly two decades, a contentious decision, made despite opposition from the agency’s independent advisory committee and some Alzheimer’s experts who said there was not enough evidence that the drug can help patients. STATE LICENSING BOARDS, ANTITRUST, AND INNOVATION Part I analyzes the historical development and justification for occupational licensing. Part II reviews the empirical evidence regarding the effects of occupational licensing on factors such as quality, price, innovation, and availability. Part III summarizes how antitrust law, and particularly the state action doctrine, treatsstate board
THE GROWING LEGAL CONTROVERSY ABOUT DRONE TRESPASS The questions have been raised in the pages of the Wall Street Journal, law reviews, and web forums for years: Can I prevent a drone from flying above my home?Is a drone trespassing? These are difficult questions that federal lawmakers have avoided for years, even as the Federal Aviation Administration begins allowing drone operators to do routine delivery operations this year. A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory THE FDA'S APPROACH TO OFF-LABEL COMMUNICATIONS The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use — even if the information is entirely truthful and non-misleading and could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions. DEEP DIVE EPISODE 180 With his new casebook, “Administrative Law Theory and Fundamentals: An Integrated Approach,” Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. STATE OF EMERGENCY? KENTUCKY’S LEGISLATURE On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth’s legislature may set parameters to the Governor’s exercise of emergency powers. GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions. DEEP DIVE EPISODE 180 With his new casebook, “Administrative Law Theory and Fundamentals: An Integrated Approach,” Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. STATE OF EMERGENCY? KENTUCKY’S LEGISLATURE On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth’s legislature may set parameters to the Governor’s exercise of emergency powers. GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night.VIDEO ARCHIVE
The State of Healthcare Policy: from COVID-19 to Medicare for All. April 26, 2021. Professors Gregg Bloche, Larry Gostin, David Hyman, and Timothy Westmoreland discuss the current state of healthcare policy in the United States. Watch this video.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on STATE OF EMERGENCY? KENTUCKY’S LEGISLATURE On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth’s legislature may set parameters to the Governor’s exercise of emergency powers. DEEP DIVE EPISODE 180 With his new casebook, “Administrative Law Theory and Fundamentals: An Integrated Approach,” Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. GOVERNMENT REGULATION: THE GOOD, THE BAD, & THE UGLY Government Regulation: The Good, The Bad, & The Ugly. The authors of this paper examine the important role regulations play in a vibrant economy, how they differ from other government programs, why they can produce unintended consequences, and how reforms could help us achieve the benefits regulations can provide with fewer negative outcomes. THE GROWING LEGAL CONTROVERSY ABOUT DRONE TRESPASS The questions have been raised in the pages of the Wall Street Journal, law reviews, and web forums for years: Can I prevent a drone from flying above my home?Is a drone trespassing? These are difficult questions that federal lawmakers have avoided for years, even as the Federal Aviation Administration begins allowing drone operators to do routine delivery operations this year. EXPLAINER EPISODE 25 Ken Davis joined the podcast to discuss why and how President Biden’s memo on Modernizing Regulatory Review could significantly alter the regulatory review process. THE FDA'S APPROACH TO OFF-LABEL COMMUNICATIONS The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use — even if the information is entirely truthful and non-misleading and could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. IS IT WRONG TO CUT A HOMELESS MAN’S HAIR WITHOUT A LICENSE April 14, 2018. Last week the Arizona Republic ran a hit piece on a man who gives homeless people free haircuts. Juan Carlos Montes de Oca was once homeless himself, and he found many takers when he started offering the cuts a few years ago. Some of his “clients” hadn’t had a real haircut in years. Mr. Montes de Oca was studying IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Int r odu c t ion Imagine that (1) the U.S. De par tment of Justice (“DOJ”) in a “Democratic Socialist” administration sued the larg est publicly traded oil companies in the HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. IS IT WRONG TO CUT A HOMELESS MAN’S HAIR WITHOUT A LICENSE April 14, 2018. Last week the Arizona Republic ran a hit piece on a man who gives homeless people free haircuts. Juan Carlos Montes de Oca was once homeless himself, and he found many takers when he started offering the cuts a few years ago. Some of his “clients” hadn’t had a real haircut in years. Mr. Montes de Oca was studying IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Int r odu c t ion Imagine that (1) the U.S. De par tment of Justice (“DOJ”) in a “Democratic Socialist” administration sued the larg est publicly traded oil companies in theVIDEO ARCHIVE
The State of Healthcare Policy: from COVID-19 to Medicare for All. April 26, 2021. Professors Gregg Bloche, Larry Gostin, David Hyman, and Timothy Westmoreland discuss the current state of healthcare policy in the United States. Watch this video.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on CYBERSECURITY THREATS AND THE REGULATORY The Biden administration had barely named a cabinet, let alone staffed the government, when it began taking cybersecurity hits from alldirections.
JUSTICE THOMAS ON CONTROLLING THE TECH GIANTS Justice Thomas on Controlling the Tech Giants. Peter Wallison. April 29, 2021. How to control the tech giants—Facebook, Twitter, and YouTube—has continued to raise concerns about both media bias and free speech. They are not covered by the First Amendment because they are not government agencies, but when they have the power to silence a THE GROWING LEGAL CONTROVERSY ABOUT DRONE TRESPASS The questions have been raised in the pages of the Wall Street Journal, law reviews, and web forums for years: Can I prevent a drone from flying above my home?Is a drone trespassing? These are difficult questions that federal lawmakers have avoided for years, even as the Federal Aviation Administration begins allowing drone operators to do routine delivery operations this year. HOLDING STATES ACCOUNTABLE FOR COPYRIGHT PIRACY The examples of state piracy of copyrights are wide ranging and arise from many different creative endeavors. For example, a photographer reported that a state, which had for years licensed his photographs, abruptly repudiated its existing contract with him in the wake of the Seminole Tribe decision and refused to pay him any longer for its continuing use of his photographs. THE FDA'S APPROACH TO OFF-LABEL COMMUNICATIONS The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use — even if the information is entirely truthful and non-misleading and could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label CRIPPLING THE INNOVATION ECONOMY: REGULATORY OVERREACH AT The authors of this paper argue that the PTAB has become a prime example of regulatory overreach by creating unnecessary costs for inventors and companies, and, thus, harming the innovation economy far beyond the harm of the bad patents it was created to remedy. HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. IS IT WRONG TO CUT A HOMELESS MAN’S HAIR WITHOUT A LICENSE April 14, 2018. Last week the Arizona Republic ran a hit piece on a man who gives homeless people free haircuts. Juan Carlos Montes de Oca was once homeless himself, and he found many takers when he started offering the cuts a few years ago. Some of his “clients” hadn’t had a real haircut in years. Mr. Montes de Oca was studying IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Int r odu c t ion Imagine that (1) the U.S. De par tment of Justice (“DOJ”) in a “Democratic Socialist” administration sued the larg est publicly traded oil companies in the HOME | REGULATORY TRANSPARENCY PROJECTVIDEOSCLOSING THE STREAMINGLOOPHOLE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on GOVERNMENT SURVEILLANCE: THE NATIONAL SECURITY PERSPECTIVE Live. •. Many national security experts argue that lawful surveillance activities, such as those authorized by the Foreign Intelligence Surveillance Act (FISA), are necessary to protect the national security of the United States. In this Fourth Branch video, Matthew Heiman takes a deep dive into this issue from the national security perspective. RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT Last Wednesday, President Joe Biden promoted his plan to spend trillions of dollars on infrastructure. The federal government, Biden says, is committed to building “ports and airports, rail corridors and transit lines” across America.Assuming that infrastructure spending is a foregone conclusion, we should hope that it occurs without government-sanctioned racial discrimination. ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL The United States Plays a Critical Role in 5G Standards Development. The U.S. government has recognized that “5G is a critical strategic technology nations that master advanced communications technologies and ubiquitous connectivity will have a long-term economic and military advantage.” 8 The U.S. has had a substantial technological edge over our military and intelligence IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Imagine that (1) the U.S. Department of Justice (“DOJ”) in a “Democratic Socialist” administration sued the largest publicly traded oil companies in the world, a.k.a. “Big Oil,” alleging securities law violations over global warming; (2) the DOJ settled with Big Oil for $100 billion; (3) as part of that settlement, the DOJ mandated that Big Oil pay $50 billion to the U.S. Treasury A LONG AND WINDING ROAD: HOW THE NATIONAL ENVIRONMENTAL Mark C. Rutzick. The views expressed are those of the author in his personal capacity and not in his official/professional capacities. To cite this paper: Mark C. Rutzick, “A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It”, released by the Regulatory WHY CAN’T YOU PUMP YOUR OWN GAS IN NEW JERSEY Until quite recently, New Jersey wasn’t the only state that didn’t allow motorists to pump their own gas. For years, Oregon drivers had to sit in their cars as well, waiting for an attendant to fill ‘er up. However, effective January 1, 2016, Oregonians in rural counties are allowed to dispense their own gasoline at night. IS IT WRONG TO CUT A HOMELESS MAN’S HAIR WITHOUT A LICENSE April 14, 2018. Last week the Arizona Republic ran a hit piece on a man who gives homeless people free haircuts. Juan Carlos Montes de Oca was once homeless himself, and he found many takers when he started offering the cuts a few years ago. Some of his “clients” hadn’t had a real haircut in years. Mr. Montes de Oca was studying IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT Int r odu c t ion Imagine that (1) the U.S. De par tment of Justice (“DOJ”) in a “Democratic Socialist” administration sued the larg est publicly traded oil companies in theVIDEO ARCHIVE
The State of Healthcare Policy: from COVID-19 to Medicare for All. April 26, 2021. Professors Gregg Bloche, Larry Gostin, David Hyman, and Timothy Westmoreland discuss the current state of healthcare policy in the United States. Watch this video.HOME ALTERNATE
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.PODCAST ARCHIVE
May 6, 2021. Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all intellectual property rights on drugs, vaccines, or other responses to the COVID-19 pandemic. Listen to this podcast. Deep Dive Episode 176 – Courthouse Steps Decision: AMG Capital Management v. EXPLAINER EPISODE 27 In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, “Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals.” Subscribe to RTP’s Fourth Branch Podcast on CYBERSECURITY THREATS AND THE REGULATORY The Biden administration had barely named a cabinet, let alone staffed the government, when it began taking cybersecurity hits from alldirections.
JUSTICE THOMAS ON CONTROLLING THE TECH GIANTS Justice Thomas on Controlling the Tech Giants. Peter Wallison. April 29, 2021. How to control the tech giants—Facebook, Twitter, and YouTube—has continued to raise concerns about both media bias and free speech. They are not covered by the First Amendment because they are not government agencies, but when they have the power to silence a THE GROWING LEGAL CONTROVERSY ABOUT DRONE TRESPASS The questions have been raised in the pages of the Wall Street Journal, law reviews, and web forums for years: Can I prevent a drone from flying above my home?Is a drone trespassing? These are difficult questions that federal lawmakers have avoided for years, even as the Federal Aviation Administration begins allowing drone operators to do routine delivery operations this year. HOLDING STATES ACCOUNTABLE FOR COPYRIGHT PIRACY The examples of state piracy of copyrights are wide ranging and arise from many different creative endeavors. For example, a photographer reported that a state, which had for years licensed his photographs, abruptly repudiated its existing contract with him in the wake of the Seminole Tribe decision and refused to pay him any longer for its continuing use of his photographs. THE FDA'S APPROACH TO OFF-LABEL COMMUNICATIONS The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use — even if the information is entirely truthful and non-misleading and could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label CRIPPLING THE INNOVATION ECONOMY: REGULATORY OVERREACH AT The authors of this paper argue that the PTAB has become a prime example of regulatory overreach by creating unnecessary costs for inventors and companies, and, thus, harming the innovation economy far beyond the harm of the bad patents it was created to remedy.Subscribe Menu
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THE REGULATORY TRANSPARENCY PROJECT IS A NONPROFIT, NONPARTISAN EFFORT DEDICATED TO FOSTERING DISCUSSION AND A BETTER UNDERSTANDING OF REGULATORY POLICIES.Learn more
THE LIBRARY OF CONGRESS MANDATORY DEPOSIT RULE: AN OUTDATED BURDEN? Is it time to rethink the Library of Congress’s mandatory depositrule?
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EXPLAINER EPISODE 26 – LAND USE RESTRICTIONS AND LEGISLATIVE REFORM In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to landuse restrictions.
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ARTIFICIAL INTELLIGENCE AND BIAS Experts discuss concerns about artificial intelligence systems’ potential biases against racial minorities and other identity groups.Watch now
TELEHEALTH: THE REGULATORY FRONTIER In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.Watch now
WHO CAN SUE UNDER THE ANTITRUST LAWS? ANTITRUST INJURY UNDER BRUNSWICK CORP. V. PUEBLO BOWL-O-MAT The 1977 Supreme Court case Brunswick Corp. v. Pueblo Bowl-O-Mat set an important precedent about who can or cannot be a plaintiff in anantitrust...
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THE LIBRARY OF CONGRESS MANDATORY DEPOSIT RULE: AN OUTDATED BURDEN? Is it time to rethink the Library of Congress’s mandatory depositrule?
Watch now
EXPLAINER EPISODE 26 – LAND USE RESTRICTIONS AND LEGISLATIVE REFORM In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to landuse restrictions.
Listen now
ARTIFICIAL INTELLIGENCE AND BIAS Experts discuss concerns about artificial intelligence systems’ potential biases against racial minorities and other identity groups.Watch now
TELEHEALTH: THE REGULATORY FRONTIER In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.Watch now
WHO CAN SUE UNDER THE ANTITRUST LAWS? ANTITRUST INJURY UNDER BRUNSWICK CORP. V. PUEBLO BOWL-O-MAT The 1977 Supreme Court case Brunswick Corp. v. Pueblo Bowl-O-Mat set an important precedent about who can or cannot be a plaintiff in anantitrust...
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THE LIBRARY OF CONGRESS MANDATORY DEPOSIT RULE: AN OUTDATED BURDEN? Is it time to rethink the Library of Congress’s mandatory depositrule?
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BIDEN ADMINISTRATION SUSPENDS OIL LEASES IN ARCTIC REFUGE The Biden administration on Tuesday suspended oil leases in the Arctic National Wildlife Refuge in Alaska, blocking plans for the first-ever drilling program in the...Read now
DHS TO ISSUE FIRST CYBERSECURITY REGULATIONS FOR PIPELINES AFTERCOLONIAL HACK
The Department of Homeland Security is moving to regulate cybersecurity in the pipeline industry for the first time in an effort to prevent a repeat...Read now
FED TO PUBLISH PAPER ON DIGITAL CURRENCY THIS SUMMER The Federal Reserve said Thursday it plans to publish a discussion paper on the potential benefits and risks of issuing a U.S. digitalcurrency.
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HOW THE FEDS CAN CUT DOWN ON ONEROUS EMPLOYMENT RESTRICTIONS As the largest employer in the United States, there are steps the federal government can take to help boost economic freedom while respecting federalism.Read now
IF YOU’RE SAILING INTO THE HEADWINDS, YOU MIGHT BE GOING IN THEWRONG DIRECTION
The decision of the FTC to not seek review at the Supreme Court is a good outcome, not just for Qualcomm, but for other innovative...Read now
OPINION: WAIVING VACCINE PATENTS WOULD IMPERIL PUBLIC HEALTH If the petition is approved, Pfizer, Moderna and dozens of other companies that raced to develop inoculations will be stripped of their intellectual property protections.Read now
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DON’T FEAR VOLATILITY IN CRYPTOCURRENCY PRICES; FEAR REGULATIONS THAT WILL HARM AMERICA’S CRYPTO LEAD John Berlau discusses the future of cryptocurrencies and how regulators might approach the nascent industry.Read now
RACIAL PREFERENCES IN GOVERNMENT CONTRACTING: HOW IT HAPPENS AND WHYIT’S WRONG
Wen Fa discusses racial preferences and the public contractingprocess.
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STRENGTHENING THE INFORMATION QUALITY ACT TO IMPROVE TRANSPARENCY ANDREGULATORY QUALITY
In a recent Food and Drug Law Journal article, the Heritage Foundation’s Daren Bakst discusses how to strengthen the Information Quality Act (IQA), a law that could...Read now
JUSTICE THOMAS ON CONTROLLING THE TECH GIANTS How to control the tech giants has continued to raise concerns about both media bias and free speech. In a new concurring opinion, JusticeClarence...
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STRESSING BANKS AND THE ECONOMY This blog post discusses to what extent the Federal Reserve’s models test for the real world problems of the Fed’s monetary policy.Read now
AN EMPTY ATTACK ON THE NONDELEGATION DOCTRINE Peter Wallison argues that the Constitution’s separation of powers provides ample justification for a revival of the nondelegationdoctrine.
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EXPLAINER EPISODE 26 – LAND USE RESTRICTIONS AND LEGISLATIVE REFORM In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to landuse restrictions.
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DEEP DIVE EPISODE 179 – ARTIFICIAL INTELLIGENCE AND BIAS Experts discuss concerns about artificial intelligence systems’ potential biases against racial minorities and other identity groups.Listen now
DEEP DIVE EPISODE 178 – (UN)CIVIL WAR: THE FUTURE OF CONSERVATIVEANTITRUST
Professors Joshua D. Wright and John Yun discuss the future of the conservative approach to antitrust law.Listen now
EXPLAINER EPISODE 25 – PRESIDENT BIDEN’S MEMO ON “MODERNIZING REGULATORY REVIEW” Ken Davis joined the podcast to discuss why and how President Biden’s memo on Modernizing Regulatory Review could significantly alter the regulatory review process.Listen now
DEEP DIVE EPISODE 177 – PATENTS AND PANDEMICS: INNOVATION POLICY AND THE PATENT WAIVER PETITION... Experts debate the role of patents in medical care and how the US should respond to the petition submitted to the WTO to waive all...Listen now
DEEP DIVE EPISODE 176 – COURTHOUSE STEPS DECISION: AMG CAPITALMANAGEMENT V. FTC
Experts discuss the Supreme Court’s recent decision and its implications for the FTC’s ability to seek, or a court to award, monetary relief such as restitution.Listen now
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HOLDING STATES ACCOUNTABLE FOR COPYRIGHT PIRACY In this paper, the authors lay out how copyright law and state sovereign immunity have recently come into conflict, explain why that conflict matters, and propose a legislative solution.Read now
LEGISLATIVE EXITS FROM THE LAND USE LABYRINTH In this paper, the authors argue that land use restrictions limit housing supply and increase housing costs, lay out why the judiciary is unlikely to solve this problem, and evaluate several potential legislative solutions.Read now
ALIGNING INTELLECTUAL PROPERTY, ANTITRUST, AND NATIONAL SECURITYPOLICY
The authors argue that the U.S. must remain an active participant in 5G technological development through its antitrust and intellectual property policies to ensure the safety of the systems on which the U.S. military relies and avoid cybersecurity vulnerabilities.Read now
DEEPFAKE LAWS RISK CREATING MORE PROBLEMS THAN THEY SOLVE Matthew Feeney explains what “Deepfake” technology is, assesses existing and proposed legislation to address the technology, and argues that any such legislation must be narrowly tailored to avoid unintended consequences.Read now
IMPROPER THIRD-PARTY PAYMENTS IN U.S. GOVERNMENT LITIGATIONSETTLEMENTS
In this paper, the authors lay out how the United States government negotiated settlements in which settling defendants were forced to pay “donations” to third parties not involved in the cases. The authors go on to argue that this practice – halted in 2017 – was unconstitutional and must remain permanently proscribed.Read now
TEN REFORMS TO SPUR CORONAVIRUS RECOVERY In this paper, the authors offer ten policy proposals for mitigating the economic fallout of the COVID-19 pandemic. These proposals include both positive reforms and warnings about pitfalls that are likely to make the situation worse.Read now
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TELEHEALTH: THE REGULATORY FRONTIER In this Fourth Branch video, medical professionals and legal experts examine the debates over the regulation of telehealth.Watch now
WHO CAN SUE UNDER THE ANTITRUST LAWS? ANTITRUST INJURY UNDER BRUNSWICK CORP. V. PUEBLO BOWL-O-MAT The 1977 Supreme Court case Brunswick Corp. v. Pueblo Bowl-O-Mat set an important precedent about who can or cannot be a plaintiff in anantitrust...
Watch now
THE LIBRARY OF CONGRESS MANDATORY DEPOSIT RULE: AN OUTDATED BURDEN? Is it time to rethink the Library of Congress’s mandatory depositrule?
Watch now
ARTIFICIAL INTELLIGENCE AND BIAS Experts discuss concerns about artificial intelligence systems’ potential biases against racial minorities and other identity groups.Watch now
(UN)CIVIL WAR: THE FUTURE OF CONSERVATIVE ANTITRUST Professors Joshua D. Wright and John Yun discuss the future of the conservative approach to antitrust law.Watch now
BIG TECH AND ANTITRUST The Federalist Society’s Chicago Lawyers Chapter hosted a panel of antitrust experts to discuss the current debates over antitrust andBig Tech.
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"The Biden administration on Tuesday suspended oil leases in the Arctic National Wildlife Refuge in Alaska, blockin… https://t.co/hzdNpUy7Lyabout 2 days ago
For @NRO, @kcjohnson9 writes: "While courts typically defer to colleges and universities in academic-discipline ca… https://t.co/6nkFZ2SP81about 3 days ago
@henryimiller : "In its narrative accompanying the regulations, AMS forthrightly admitted, 'The NBFDS is not expect… https://t.co/W4XSFHVGIdabout 3 days ago
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