Explainer Episode 66 – Strategic Petroleum Reserve

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.

Is It Lawful to Use Regulatory Impact Analysis to Achieve Equity?

J. Kennerly Davis, Jr.

Circular A-4, issued by the Office of Management and Budget (OMB), provides detailed guidance to federal agencies regarding the methodological attributes of sound regulatory impact analysis. The Biden administration has proposed modifications to Circular A-4 that were recently peer reviewed in preparation for the finalization and public release of a modified Circular A-4, perhaps by the end of this calendar year.

A Falling Tide Reveals A Lot Of Things

J. Kennerly Davis, Jr.

If we can realign our political debates and policy analyses to focus on the flaws and failures of the progressive model of regulation, we will be much better prepared when the tide goes out the next time.

Explainer Episode 37 – The Defense Production Act During War and Peacetime

J. Kennerly Davis, Jr. discusses the origins of the Defense Production Act and recent presidents’ invocation of the Act in pursuit of public policy objectives.

Deep Dive Episode 228 – Does the Federal Energy Regulatory Commission (FERC) Have Authority To Regulate the Climate?

J. Kennerly Davis, Jr. and Bernard McNamee discuss recent policy proposals and statements from the Federal Energy Regulatory Commission.

Does the Federal Energy Regulatory Commission (FERC) Have Authority To Regulate the Climate?

J. Kennerly Davis, Jr. and Bernard McNamee discuss recent policy proposals and statements from the Federal Energy Regulatory Commission.

Explainer Episode 25 – President Biden’s Memo on “Modernizing Regulatory Review”

Ken Davis joined the podcast to discuss why and how President Biden’s memo on Modernizing Regulatory Review could significantly alter the regulatory review process.

HHS Proposal Adds Teeth to Requirements for Retrospective Regulatory Review

J. Kennerly Davis

There is bipartisan agreement that the cost effectiveness of regulation could be greatly improved if regulatory agencies engaged in systematic retrospective analysis of the benefits and costs of the rules and regulations that they have previously enacted. Such analysis could identify for amendment or rescission specific regulatory provisions that have proven to be unnecessarily costly, counterproductive, ineffective, or simply outmoded.

The Irresponsibility of the Socially Responsible Corporation

J. Kennerly Davis

The fiduciary duties of corporate directors and officers require that they always act in a responsible manner to promote the best interests of their corporation and its shareholders, and never act to promote their personal interests, or the interests of third parties, that are inconsistent with the best interests of their corporation and its shareholders.

It’s Time to Remodel Our Policy Making Processes

J. Kennerly Davis

It is time, past time, for a thorough reassessment of the outsized role that modelers and their models have been playing in the formulation of public policy, the drafting of legislation, and the development of regulations.

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.

Man Bites Dog – Idaho Repeals its Regulatory Code

J. Kennerly Davis

Idaho has long been widely known for the natural wonders that grace its landscape: the rugged wilderness, the snow-capped peaks, the sparkling waters and, of course, the potatoes.

The Many Issues Raised by Senator Warren’s Wealth Tax

J. Kennerly Davis, Jr.

A strong argument can be made that Senator Warren’s proposed wealth tax would be unconstitutional unless apportioned.

On the Future of the Chevron Doctrine

J. Kennerly Davis

Joel Nolette is a litigation attorney at Mintz Levin in Boston, and an active member of the Administrative Law & Regulation Practice Group, currently serving on its Executive Committee.

Management’s Duty to Restore The Rule of Law

J. Kennerly Davis

Springtime is the season when most American corporations hold their annual meeting of shareholders.  In the course of a typical meeting, board directors will be elected and independent auditors will be appointed.  Management will report on operating results and earnings for the fiscal year recently ended, and will outline their strategic business plans for the future.  In their presentations, management will make the case that they are fulfilling the fundamental fiduciary duty they have to promote the best interests of the corporation and maximize shareholder value.

Celebrating Law Day

J. Kennerly Davis, Jr.

Today marks the 60th anniversary of President Eisenhower’s proclamation establishing Law Day. Eisenhower dedicated the day to “distinguish our governmental system from the type of government that rules by might alone.”

Using Tax Reform to Reveal the Hidden Cost of the Administrative State

J. Kennerly Davis, Jr.

Regulatory compliance costs impose an enormous burden on the American economy, a hidden tax that we all must pay in higher prices and smaller paychecks.

Can Regulations Come with Unintended Costs?

J. Kennerly Davis, Jr.

Can regulations come with unintended costs? They certainly can, and often do.