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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Big Tech & The Whole First Amendment

Craig Parshall

August 14, 2020

Governing the Internet: Congress should create free-speech conditions for liability protections for market-dominant tech platforms whose trade is third-party content.

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FCC’s O’Rielly on First Amendment & Fairness Doctrine Dangers

Neil Chilson and Adam Thierer

August 6, 2020

Governing the Internet: Plenty of people claim to favor freedom of expression, but increasingly the First Amendment has more fair-weather friends than die-hard defenders.

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Replacing Too Big to Fail with Safe to Fail

Wayne A. Abernathy

July 16, 2020

Rejection of the idea that any bank is too big to fail (TBTF) is currently universal among U.S. policymakers. Yet some apprehension persists that this policy consensus may be fragile. That apprehension may continue until worries of too big to fail are replaced with confidence that U.S. banks are safe to fail.

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To Combat Long-Term Unemployment, Policymakers Should Embrace the Gig Economy

Alexander MacDonald

July 14, 2020

To prevent a massive, long-term depression, policymakers must help get people back to work. But ironically, one of their best tools for doing so may be the one they’ve spent the last six months attacking: the so-called gig economy.

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SCOTUS Strikes Down Structure of CFPB’s Director Position

John Shu

June 29, 2020

Today, in Seila Law, LLC v. Consumer Financial Protection Bureau, the Supreme Court struck down the CFPB’s leadership structure of a single director with a five-year term, removable only for inefficiency, neglect, or malfeasance, because it violates the separation of powers.

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Statements to House Judiciary on Antitrust Reform

June 16, 2020

Several members of the Regulatory Transparency Project’s antitrust working group were invited to submit statements on competition issues in digital markets to the House Antitrust Subcommittee.

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EPA’s Section 401 Rule Respects Federalism While Addressing State Abuses

Daren Bakst

June 2, 2020

A central feature of the Clean Water Act (CWA) is cooperative federalism.  In fact, right at the start of the statute, Congress made it clear that states are expected to take the leading role in addressing water pollution.

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It’s Time to Remodel Our Policy Making Processes

J. Kennerly Davis

May 28, 2020

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.

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Yes, Judge, We Do Think About Reviewability

Brian Mannix

April 24, 2020

Parties who disagree with an agency’s action have recourse to the courts; but, if the agency is doing its job properly, it should not be vulnerable for failures of administrative procedure.

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