Restoring the Original Intent of Antitrust Law

Brian Pandya

Innovation, not regulation, drives a thriving economy.

A Sensible Approach to State AI Policy

Neil Chilson and Adam Thierer

States have passed 80 AI-related measures and 762 AI measures are pending in 45 states, according to one legislative tracking system.

The Supreme Court’s Jarkesy Decision Sheds Light on the SEC’s Hidden Advantages

Stone Washington

AI Poses a Serious Threat to the Legal Profession. It Also Presents an Extraordinary Opportunity.

The rapid emergence of high-profile applications for Artificial Intelligence—including advanced search engines, recommendation systems, and generative tools—has given rise to a wide-ranging discussion and often spirited debate about what might result from the accelerating deployment of this revolutionary technology.

Department of Veterans Affairs Rule Doubles Down on Abortion

On March 4, 2024, the Department of Veterans Affairs (VA) finalized “without changes” an interim final rule (IFR) entitled “Reproductive Health Services.” (You can read my summary of the IFR here.)

Supreme Court to Decide Whether EMTALA Preempts State Abortion Laws: Idaho v. U.S. and Moyle v. U.S.

Abortion is before the Supreme Court once again. This month, the Court granted certiorari in consolidated cases Moyle v. United States and Idaho v. United States.

ADA Testers Can Keep Testing . . . For Now

On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett in Acheson Hotels LLC v. Laufer dismissing the case as moot. Acheson concerned whether Article III of the Constitution provides “tester” plaintiffs standing to sue for alleged Americans with Disabilities Act violations, even when such plaintiffs have no intention of patronizing the business they are suing.

Obscuring the SEC’s climate disclosure rule may invite a host of legal problems

The U.S. Securities and Exchange Commission’s (SEC) pending climate disclosure rule has been delayed yet again. The climate disclosure rule will require publicly traded companies to quantify and disclose how climate change risk factors impact their operations and financial health.

HHS Proposes Facilitating Abortions and Medical “Gender Transitions” for Unaccompanied Children

On October 4, 2023, the U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) proposed new regulations “relating to the key aspects of the placement, care, and services provided to unaccompanied children” by the Office of Refuge Resettlement (ORR). The proposed rule titled, “Unaccompanied Children Program Foundational Rule,” is open for public comment until Monday, December 4, 2023.

EEOC Enforcement Guidance on Harassment in the Workplace: Proposed Updates Raise Concerns

Rachel Morrison