On January 13, 2023, nine agencies issued a notice of proposed rulemaking (NPRM) titled “Partnerships With Faith-Based and Neighborhood Organizations” to “clarify protections for beneficiaries and potential...

The Federal Trade Commission has amped up its administrative activity of late, portending changes in enforcement to come.

On February 22, 2023, the Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) and a request for information (RFI) relating to First...

On January 5, 2023, the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) titled “Safeguarding the Rights of Conscience as...

In December, the Supreme Court granted certiorari in two cases challenging the student loan forgiveness program that President Biden announced in August of last year....

On Oct 13, 2022, the DC Circuit Court of Appeals heard argument in a case about whether a publisher is required to deposit copies of...

A panel of experts discusses what Section 230 permits and doesn’t permit—a question now before a number of courts, including the U.S. Supreme Court in...

This episode is a live recording of a panel of antitrust law experts examining recent developments and debating what might come next at the FTC.

In late February 2023, the FDA released its responses to the December 2022 Regan-Udall Foundation reports on the FDA’s Human Foods and Tobacco programs.

In January 2023, the FTC announced a proposed rule that would ban noncompete agreements across most of the U.S. economy – a move President Biden...

In this podcast featuring Tom Miller, he lays out a brief summary of how we got to where we are with regards to Medicaid.

Last November, the Federal Trade Commission accepted comments on its proposal to start a rulemaking related to “Commercial Surveillance” – the agency’s newly minted term...

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.”