The people have spoken and now Kentucky health officials are dropping what became a controversial line from their proposed regulation…

New federal regulations aimed at saving endangered whales could have unintended consequences for Maine’s lobster industry. Now Maine’s congressional delegation…

It’s the start of summer and that means thousands of seasonal businesses across the country finally get to open their…

The legitimacy of top-down rulemaking and planning by Administrative State experts rather than lawmaking by Congress is largely uncontested. One…

One abuse of the Trump years has been federal judges who exceed their power to strike down directives they don’t…

The Supreme Court last week decided an important case in a way that left many observers confused about what it…

On June 18, 2019, the Federalist Society’s Article I Initiative and Regulatory Transparency Project hosted a panel on “Agency Rulemaking:…

This morning the Supreme Court decided the much-anticipated Kisor v. Wilkie case. The Court had granted certiorari in Kisor to…

The U.S. Supreme Court’s decision in Gundy v. United States disappointed some observers who were hoping that the Court would use…

On June 4, 2019, a Ninth Circuit panel heard oral argument in Juliana v. United States, regarding whether the U.S. Constitution gives…

On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery v. Shiroma. In Cedar Point, California…

LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200 trillion of financial contracts. It…

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.

The authors of this paper argue that outdated consent decrees should be ended to take full advantage of modern technologies for the distribution of music.

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.

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.

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.’

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.