About six months ago, the Reagan-Udall Foundation sent the Food and Drug Administration its Operational Evaluation of FDA’s Tobacco Program. this is a report that the...

On April 13, 2023, the Department of Education (ED) issued a notice of proposed rulemaking (NPRM) titled “Nondiscrimination on the Basis of Sex in Education Programs or...

With the rapid progress of drone technology, legal claims to low-altitude airspace raise novel questions about the application of property law and constitutional protections.

The Federalist Society notes with great sadness the untimely passing of Marisa Maleck.

Rivalry is a necessary feature of market competition, and transactions that enable companies to compete on par with dominant players and expand into new products...

If we can realign our political debates and policy analyses to focus on the flaws and failures of the progressive model of regulation, we will...

In this Tech Roundup episode, we delve into the discussions raised by the U.S. Senate Judiciary Committee’s recent hearing on AI…

On April 6, 2023, the Biden Administration announced two new efforts to “modernize regulatory review” – the first through the…

Biosimilars, a category of biologic (medicine derived from a living organism), require approval, at least in the U.S. by the…

The United States Department of Housing and Urban Development’s Affirmatively Furthering Fair Housing rules have careened wildly back and forth as administrations have changed.

Experts explore central bank digital currencies (CBDCs) and the ongoing debates over financial privacy, especially in relation to use of cryptocurrencies and other software privacy...

In March 2022, the Securities and Exchange Commission proposed a new rule that would establish climate-risk disclosure requirements for public…

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.

In this paper, the authors advocate for an approach to antitrust and intellectual property that “appropriately protect[s] the legitimate property rights of patent holders and [shields] their unilateral patent licensing decisions from unwarranted antitrust attack.”