COVID Vaccination Mandate?

Tammy McCutchen

January 19, 2021

Labor law expert Tammy McCutchen lays out the considerations private firms must account for when deciding whether to institute a mandatory vaccination policy.

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Collins v. Mnuchin and GSE Privatization

J.W. Verret

December 23, 2020

J.W. Verret argues that Treasury Secretary Mnuchin should act now to support efforts to privatize Fannie Mae and Freddie Mac.

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The Real World Costs of Heavy-Handed Chemical Regulation

Jeff Stier

December 11, 2020

The application of EU-style chemical regulation in emerging economies would reduce the number of jobs available and increase the cost of living in already struggling communities. A risk-based approach like that of the United States is the best way for Brazil, India, and other countries to raise standards of living while protecting their citizens.

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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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