The authors of this paper provide insights on the Biden Administration’s proposed revisions to the Office of Management and Budget’s Circular A-4 and highlight opportunities for reforming the regulatory process based on the success of Idaho and Virginia’s models for regulatory modernization.
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As education freedom expands, teacher freedom will expand as well. Reforms to the teacher workforce – namely, hiring practices largely dictated by state certification laws – will need to accompany the growth of school choice, so that private providers will have a large hiring pool of qualified teachers who align with their schools’ missions and values. A failure to reform existing certification practices that have served neither schools nor students well will risk replicating the existing public school model over time.
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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.
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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.
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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.
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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.
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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.
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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.
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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.”
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In this paper, the authors lay out how copyright law and state sovereign immunity have recently come into conflict, explain why that conflict matters, and propose a legislative solution.
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