Tales of Woe: How Dysfunctional Regulation Has Decimated Entire Sectors of Biotechnology

October 29, 2019

In this paper, Henry I. Miller argues that overweening regulation has forestalled development in major areas of biotechnology, from pharmaceuticals to agriculture.

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The Proper Role of Rules in a Gloriously Unruly Economy

August 28, 2019

With examples of regulatory policies that failed to achieve their stated goals and regulatory reforms that proved effective and beneficial to the public, the authors of this paper argue for an approach to regulation that encourages, rather than stifles, creativity and competition. This kind of rulemaking, they suggest, makes for a stronger and more inclusive economy.

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Consumer Welfare & the Rule of Law: The Case Against the New Populist Antitrust Movement

April 15, 2019

The authors of this paper argue that the modern consumer welfare standard is an objective, consistent, reliable, and appropriate framework for good antitrust law and enforcement.

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De-Regulating the Songwriting Business

February 21, 2019

The authors of this paper argue that outdated consent decrees should be ended to take full advantage of modern technologies for the distribution of music.

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Give Me A Break: DOL Regulations Need Updating to Afford Workers Desired Flexibility

February 11, 2019

In this paper, Gregory Jacob, Michael Lotito, and Tammy McCutchen argue that Department of Labor regulations have failed to keep pace with rapid technological change and that updating these rules could benefit both workers and employers.

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How Antitrust Overreach is Threatening Healthcare Innovation

January 28, 2019

The authors of this paper explore the FTC’s recent antitrust actions in pharmaceutical patent litigation and argue that, while well-intentioned, these actions hamper medical innovation and constitute a net loss for consumers.

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Managing the Regulatory Thicket: Cumulative Burdens of State and Local Regulation

January 14, 2019

The authors of this paper introduce and identify the ‘regulatory thicket’ — the compliance burdens caused by the accumulation of individual federal, state, and local regulations — and its effect on the ability of entrepreneurs and small business owners to pursue the American Dream. The authors explore this systemic issue and propose guidelines to trim the ‘regulatory thicket.’

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Will Overzealous Regulators Make Your Smartphone Stupid?

December 10, 2018

The authors of this paper discuss the patent system’s integral role in a flourishing innovation economy and argue that recent actions in this system by antitrust authorities have had “a deleterious effect on high-tech innovation in the spaces of standards and patent licensing,” and on innovation in general.

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When Considering Federal Privacy Legislation

December 4, 2018

In this paper, Neil Chilson explores modern conceptions of privacy, examines methods of protecting privacy, and offers recommendations for those considering legislative privacy proposals.

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A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It

October 16, 2018

In this paper, Mark Rutzick discusses the National Environmental Policy Act, explores how it has developed since its enactment in 1970, examines the costs and burdens it imposes, and proposes potential solutions.

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