The EPA Should Properly Address the Abuse of Ancillary Benefits in CAA Rulemaking

Daren Bakst

November 20, 2020

When the EPA finalizes its recently proposed rule on the consideration of costs and benefits in CAA rulemaking, the agency should clarify that there are limits to applying indirect benefits, also known as “ancillary benefits” or “co-benefits,” in regulatory decision-making.

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Why the DOJ Has a Strong Case Against Google

Rachel Bovard

November 18, 2020

Governing the Internet: Rather than building a case which attempts to satisfy a broad variety of grievances, the DOJ has designed its complaint against Google with one goal in mind: to win.

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HHS Proposal Adds Teeth to Requirements for Retrospective Regulatory Review

J. Kennerly Davis

November 18, 2020

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.

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The House Staff Antitrust Report Will Negatively Affect More Than the Tech Industry

Lawrence Spiwak

November 10, 2020

Governing the Internet: Every business—not just Big Tech—should be worried if Congress attempts to enact the report’s recommended legislative changes.

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Two Government Proposals Threaten Intellectual Property Rights

Zvi Rosen

November 9, 2020

The federal government is one of the most important customers for goods which rely on patent protection, and sometimes the government may use its unique power to the disadvantage of patent owners.

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Section 230 Legal Issues: The FCC’s Authority and the First Amendment

Randolph May

November 3, 2020

Governing the Internet: The FCC has the rulemaking authority to clarify the meaning of Section 230, and that narrowing Section 230 is not necessarily a First Amendment violation.

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The DOJ’s Weak Case Against Google

Neil Chilson

October 27, 2020

Governing the Internet: Antitrust enforcement can ensure competitive markets that benefit consumers. But politicized antitrust benefits a few companies and politicians at the expense of everyone else.

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The FCC Should Not Engage in Section 230 Rulemaking

Jennifer Huddleston

October 6, 2020

Governing the Internet: An FCC decision to engage in changing Section 230 would not only be concerning for First Amendment principles, but also should raise concerns about the expansion of the administrative state and the intrusion of government into private actions.

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The FCC Should Address Distortions of Section 230

Rachel Bovard

September 22, 2020

Governing the Internet: The current application of Section 230 has reversed its intended effect, prioritizing the speech rights of platforms over and above those of their users—and at a scale that distorts the information access, free thought, and market access for billions.

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The Irresponsibility of the Socially Responsible Corporation

J. Kennerly Davis

September 15, 2020

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.

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