Do Certificate of Need Laws Help Control Healthcare Costs?

June 4, 2020

Certificate of need laws are state regulations designed to control medical costs. New medical facilities must be assessed and approved by a state board which determines whether such a facility is needed by the community.

Christina Sandefur of the Goldwater Institute explores whether such laws have successfully controlled costs or if they have hindered the competition required to balance healthcare prices.

FDA Regulation of Diagnostic Testing and COVID-19

May 11, 2020

Did Food and Drug Administration (FDA) regulations hamper the fight against COVID-19 at a critical juncture? In this short video narrated by Roger Klein, we explore the relationship between the FDA and the CDC in regulating and conducting diagnostic tests.

In 2016, in response to the Zika virus, the FDA designated the Center for Disease Control and Prevention (CDC) as the country’s only diagnostic test manufacturer. In early February 2020, the CDC was ordered to distribute tests for COVID-19 which were faulty and had to have results verified by the CDC laboratory. Only in mid-March 2020, did the CDC loosen regulations which then allowed private hospitals and labs to develop and conduct their own tests.

Could more have been known about the disease at an earlier date if private testing and treatment had been allowed and encouraged? Should the COVID-19 emergency force us to reevaluate the purpose and use of public health regulations and policies?

Does Federal Permitting Under the National Environmental Policy Act Need Reform?

March 5, 2020

The National Environmental Policy Act (NEPA) was designed to regulate federal infrastructure projects to minimize harmful environmental impact. Over time, the review process has become lengthy and costly. This process has delayed or condemned needed construction of roads, pipelines, and power lines.

In this video, Professor James Coleman discusses possible benefits of NEPA reform, while explaining why the issue is hotly debated. He proposes a new way of formulating the question that could be discussed without resorting to partisanship.

Public Piracy of Private Property? Allen v. Cooper

November 4, 2019

The wreck of the Queen Anne’s Revenge, a ship captained by Blackbeard that sank in the early 18th century, sits underwater just off the coast of North Carolina.

Frederick Allen is the exclusive photographer and videographer of the wreck. In 2013, he found that North Carolina was using his footage on state websites without paying royalties – even though he had federal copyright protection for the material. After a settlement, the state continued to use the footage, and in a dispute now before the Court, Allen claims that the state agency officials are using video/photography materials disregarding due process and copyright law.

North Carolina argues that it is covered by sovereign immunity, and thus shielded from a suit over copyright violations.

Are members of a state agency exempt from copyright lawsuits in the name of state sovereign immunity?

The case will be argued before the U.S. Supreme Court on November 5.