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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Improving American Health Insurance Markets: Accountability to Patients, Not Government

This paper examines the effects of the employer-sponsored insurance tax exclusion on health insurance costs and proposes solutions that could lead to “a health insurance market that is accountable to patients, doesn’t push up health care prices unnecessarily, and one that provides a product that follows a person regardless of their employment situation.”

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Creating Pro-Innovation Fintech Regulation

This paper illustrates, through the example of “fintech” (financial technology) lending, how fintech “can improve our lives and how poor regulation risks harming the very people it seeks to help.”

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Improving Innovation in Health Services Through Better Payment Reforms

This paper provides a brief analysis of Medicare’s fee-for-service payment systems. The paper suggests that these payment systems have led to inefficiencies and fragmented care delivery. Finally, the paper discusses the attempt by the Affordable Care Act to address these issues and suggests other potential solutions.

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Consumer Protection at the FTC and the CFPB

This paper examines and makes recommendations on improving consumer protection efforts at both the Federal Trade Commission and the Consumer Financial Protection Bureau.

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State Licensing Boards, Antitrust, and Innovation

This paper discusses occupational licensing boards, competition, and the role antitrust law can play in the marketplace.

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Occupational Licensing Run Wild

This paper provides historical analysis of occupational licensure in the United States, discusses the costs and benefits of our licensing system, explores so-called “licensing creep,” and proposes solutions to help address “occupational licensing run wild.”

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