In this paper, James Capretta analyzes Medicare’s fee-for-service payment systems, argues these payment systems have led to inefficiencies and fragmented care delivery, discusses the attempt by the Affordable Care Act to address these issues, and suggests other potential solutions.
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In this paper, James Cooper, Timothy Muris, and Todd Zywicki examine and make recommendations to help improve consumer protection efforts at both the Federal Trade Commission and the Consumer Financial Protection Bureau.
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In this paper, James Cooper, Elyse Dorsey, and Joshua Wright discuss occupational licensing boards, competition, and the role antitrust law can play in the marketplace.
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The authors of this paper provide a historical analysis of occupational licensure in the United States, discuss the costs and benefits of our licensing system, explore so-called “licensing creep,” and propose solutions to help address “occupational licensing run wild.”
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The authors of this paper argue that “the basics of copyright are fully compatible with modern technology, but specific provisions enacted years ago to try to address long-gone business and technological problems are still on the books. Instead of solving yesterday’s problems, these sticky laws shackle today’s creative marketplace.”
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In this paper, James Coleman explores the Jones Act and argues that repealing the almost-hundred-year-old law “could be a confidence-building measure toward freer trade, less costly regulation, and less government interference in energy markets.”
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In this paper, Daren Bakst, Mark Rutzick, and Adam White explore the EPA’s recent “Waters of the United States” rule and argue that such an approach “imposes immense costs and burdens on private property rights and on economic growth.”
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The authors of this paper explore the Department of Education’s enforcement of laws aimed at curtailing discrimination in education, and argue that there are “several areas where a single federal administrative agency has replaced the legitimate function of the legislature to define discrimination based on race, color, national origin, sex, and religion.”
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In this paper, Diana Furchtgott-Roth and Gregory Jacob discuss the EEOC’s 2016 regulations defining the extent to which the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) permit employer-sponsored wellness plans. While the EEOC’s final regulations purport to “harmonize” wellness plan requirements, the papers authors argue that the EEOC has in fact added several additional regulatory burdens on employers that administer wellness plans.
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In this paper, Diana Furchtgott-Roth and Gregory Jacob explore the EEOC’s contention that campus recruiting programs and other hiring programs that focus on recent graduates are presumptively illegal because they constitute age discrimination. They dive into the EEOC’s legal justification for the position and explore recent litigation for and against the rule.
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