On October 2, 2023, the EEOC published proposed “Enforcement Guidance on Harassment in the Workplace.” The Commission invites public comment on its proposal until…

On October 4, the Supreme Court will hear arguments in Acheson Hotels LLC v. Laufer. The case explores whether so-called “tester” plaintiffs under the Americans with...

The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have faced escalating criticism in recent years. Many conservatives now argue...

Circular A-4, issued by the Office of Management and Budget (OMB), provides detailed guidance to federal agencies regarding the methodological attributes of sound regulatory impact...

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations implementing the Pregnant Workers Fairness Act (PWFA). The Commission is accepting public comment on...

Six years ago, I filed a FOIA request for various documents relating to the origin of the Dear Colleague letter, the 2011 Obama administration guidance...

In June the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard…

Moderated by Brent Skorup, experts Timothy B. Lee, Professor Pamela Samuelson, and Kristian Stout discuss the emerging legal issues involving…

It may surprise some to know that the government has definitive racial classifications for Americans, and it can be still…

This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous…

In September, a panel of judges on the Fifth Circuit Court of Appeals heard oral argument in Illumina v. Federal…

Six months ago the banking sector experienced severe turmoil, including bank failures. Now the situation seems calmer, despite continuing risks. Experts discuss reform ideas like the proposed “Basel Endgame” capital regulations and provide recommendations on dealing with issues like asset losses and recession risks in the current environment.

In May, the EPA proposed a new rule to regulate greenhouse gas emissions from new and existing power plants. This…

The American legal profession, as well as those it serves, would benefit from lowering the barriers to entry to the practice of law. Several licensing barriers unnecessarily contribute to the high cost of legal services, which inhibit access to justice for ordinary Americans. In some respects, legal licensure is categorically distinct from the licensure of other highly regulated professions. This suggests that a particular focus on legal licensure may be appropriate. We therefore explore the implications of modest reforms that would advance the public interest, with an eye to the encouragement of competitive markets in legal services, and the protection and preservation of the fiduciary nature of legal services.

The authors of this paper assert that the proposed compulsory licensing by states threatens the well-founded principle of a uniform federal copyright law established by the U.S. Constitution and its designation of Congress as the body responsible for securing to authors their exclusive rights. 

The authors of this paper examine the growth of “algorithmic fairness” regulations at the federal, state, and international level, and discuss ramifications for administrative state regulation and innovation in markets. 

The authors of this paper examine how healthcare laws and regulations were adjusted to deal with the COVID-19 pandemic, and argue that some of these changes should be made permanent.

The authors of this paper assess how Emergency Management Acts have been used during the COVID-19 pandemic and offer suggestions for how they can be adjusted to better prepare state and local governments for future emergencies.

In this paper, the authors examine a proposal to exempt COVID-19 vaccines and treatments from international intellectual property protections, and argue that such an exemption is unnecessary and could threaten innovation.