Managing the Regulatory Thicket: Cumulative Burdens of State and Local Regulation

“New business owners imagine that they will succeed or fail based on the strength of their business model and their willingness to work. Indeed, this belief in earned success is integral to the classic American ideal of meritocracy — the idea that anyone with a good idea can make it if they are willing to work hard enough. But today’s entrepreneurs face an unpleasant reality. Success is not only about business acumen; it also depends on one’s ability to navigate a series of complex regulatory regimes at multiple levels of government. All that red tape frustrates many would-be entrepreneurs who lack the energy and or resources necessary to navigate the many regulatory regimes that they face in launching, growing, and maintaining a business…”

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Will Overzealous Regulators Make Your Smartphone Stupid?

“This paper will explain the damage done to the innovation economy by burdensome and ill-conceived antitrust regulation and enforcement. First, this paper will briefly describe the patent laws and antitrust laws, as these are the two legal systems central to the recent damage done to the innovation economy. Second, the paper explains two areas of high-tech innovation that have been negatively affected by meddling by antitrust authorities in the innovation economy—technological standards and patent licensing. Third, the paper discusses past regulatory actions by FTC officials that had a deleterious effect on high-tech innovation in the spaces of standards and patent licensing, as well as how these actions hinder innovation.”

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When Considering Federal Privacy Legislation

This paper explores modern conceptions of privacy, examines methods of protecting privacy, and offers recommendations for those considering legislative privacy proposals.

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A Long and Winding Road: How the National Environmental Policy Act Has Become the Most Expensive and Least Effective Environmental Law in the History of the United States, and How to Fix It

This paper discusses the National Environmental Policy Act, explores how it has developed since its enactment in 1970, examines the costs and burdens it imposes, and proposes potential solutions.

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We Need Smarter Regulation of Food and Agricultural Biotechnology

This paper discusses the current state of biotechnology regulation, the potential benefits of smarter regulation of such technology, and a possible path forward.

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Drug-Approval Clinical Trials in the Age of Precision Medicine: The Promise of Adaptive Trials

This paper explores how adaptive clinical trials could transform how medicines are prescribed by doctors, allowing doctors to harness ‘precision medicine’ to develop better and more individualized treatment plans for their patients.

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The GDPR and the Consequences of Big Regulation

This paper provides a brief overview of the European Union’s General Data Privacy Regulation (GDPR), discusses how the GDPR differs from previous European privacy laws, and highlights six consequences of the GDPR for companies and consumers worldwide.

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Ending Sex Discrimination in Campus “Sexual Misconduct” Proceedings

This paper argues that guidance documents issued by the Obama Administration infringed on the due process and free speech rights of those accused of sexual harassment or assault on college campuses, and proposes rules to address these concerns.

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Modern Privacy Advocacy: An Approach at War with Privacy Itself?

This paper argues that there is a fundamental incoherence both of privacy as a concept and the modern debates around that concept, and that this incoherence leads privacy advocates to “take positions that while appearing on the surface to protect privacy actually serve to undermine it (or aspects of it) in the long-run.”

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The FDA’s Approach to Off-Label Communications: Restricting Free Speech in Medicine?

The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use – even if the information is entirely truthful and non-misleading and will help physicians better treat their patients. Is such a restriction compatible with the First Amendment? How can the FDA modernize and clarify its position on off-label communications? This paper delves into these important questions.

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