The Gig is Up?

Bruce J. Sarchet

…the gig economy is here to stay, and government efforts to regulate this growing sector of our society, our workplaces, and our daily lives will continue to expand.

Quarles’ Conundrum of Bank Supervision

Wayne A. Abernathy

Without subpoenas, bank examiners routinely poke through the books, records, premises, and operations of chartered banking firms.  In fact, examiners are resident—as in, have permanent offices—in the headquarters of the larger banks.  They essentially live there.  Intrusive examination is the core of bank supervision.

The NLRB and Weaponization of Recusal Motions

Tammy McCutchen

National Labor Relations Board member William Emmanuel has been under attack almost immediately after and continuously since he landed at the NLRB.

Welcome to the New “Explainer Podcast”

James W. Coleman

American governments are facing several growing problems – such as how to address climate change despite rising carbon emissions, how to preserve privacy despite the spread of new technology, and how to ensure affordable housing despite rising housing costs.

Real Harms from Racial Discrimination in Harvard Admissions

Wen Fa

“If you are an Asian American — or even if you simply have an Asian or Asian sounding surname — you need to be careful about what you do and don’t say in your application.” That’s from The Princeton Review, and it’s indicative of what Asian-American teenagers can expect to read in college admissions guidebooks and hear from high school counselors.

Welcome to the “Deep Dive Podcast”

Matthew R. A. Heiman

Welcome to the newly branded Deep Dive podcast series by the Federalist Society’s Regulatory Transparency Project.

When Banks Act as Regulators within a Regime of Privilege

Brian Knight

Banks receive benefits because they are believed to be essential for a functioning economy, but it is also likely that these benefits supplement the market power banks enjoy. Does that make banks trying to de facto regulate other industries by withholding services, in effect trying to impede lawful commerce, problematic?

Commentary on Credit Card Interest Rate Caps Legislation

Federalist Society expert Prof. Todd Zywicki has written several articles on the recent legislative momentum to cap credit card interest rates. His arguments explore a breadth of financial regulatory history and offers warnings for unexpected outcomes for consumers.

Reigning in Regulatory Dark Matter

J. Kennerly Davis

Curbing administrative overreach to restore the rule of law is an ongoing project without an end in sight. But it’s clear that this most worthy project got a big boost on October 9.

It Shouldn’t Be Illegal to Wear a T-shirt

Wen Fa

It shouldn’t be illegal to wear a t-shirt. Yet several states, including California, Colorado, and Tennessee, have established buffer zones in which political expression is forbidden when it matters the most. On Election Day, voters in these states are forbidden from wearing t-shirts or buttons that ostensibly express political messages. In some states, Americans are even prohibited from displaying political yard signs on their own property if they happen to reside too close to a school or a church that’s being used as a polling place.