Potential Constitutional Conflicts in State and Local Data Privacy Regulations

December 2, 2019

This paper lays out a set of constitutional concerns pertaining to certain new state and local regulations on data privacy. Do these new rules impinge on free speech, violate the dormant commerce clause, or are they preempted by other federal laws?

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Live, Work, Share: Putting out the Welcome Mat to Home-Sharing and Home-Based Businesses

November 11, 2019

In this paper, Anastasia Boden and Jonathan Riches argue that home-based businesses are an important part of the economy with a very long history. State and local regulators, the authors claim, have often saddled home-based businesses with cumbersome rules that do more to hamper the property rights of homeowners than protect the public interest.

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Tales of Woe: How Dysfunctional Regulation Has Decimated Entire Sectors of Biotechnology

October 29, 2019

In this paper, Henry I. Miller argues that overweening regulation has forestalled development in major areas of biotechnology, from pharmaceuticals to agriculture.

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The Proper Role of Rules in a Gloriously Unruly Economy

August 28, 2019

With examples of regulatory policies that failed to achieve their stated goals and regulatory reforms that proved effective and beneficial to the public, the authors of this paper argue for an approach to regulation that encourages, rather than stifles, creativity and competition. This kind of rulemaking, they suggest, makes for a stronger and more inclusive economy.

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Consumer Welfare & the Rule of Law: The Case Against the New Populist Antitrust Movement

April 15, 2019

The authors of this paper argue that the modern consumer welfare standard is an objective, consistent, reliable, and appropriate framework for good antitrust law and enforcement.

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De-Regulating the Songwriting Business

February 21, 2019

The authors of this paper argue that outdated consent decrees should be ended to take full advantage of modern technologies for the distribution of music.

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Give Me A Break: DOL Regulations Need Updating to Afford Workers Desired Flexibility

February 11, 2019

In this paper, Gregory Jacob, Michael Lotito, and Tammy McCutchen argue that Department of Labor regulations have failed to keep pace with rapid technological change and that updating these rules could benefit both workers and employers.

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How Antitrust Overreach is Threatening Healthcare Innovation

January 28, 2019

The authors of this paper explore the FTC’s recent antitrust actions in pharmaceutical patent litigation and argue that, while well-intentioned, these actions hamper medical innovation and constitute a net loss for consumers.

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

January 14, 2019

The authors of this paper introduce and identify the ‘regulatory thicket’ — the compliance burdens caused by the accumulation of individual federal, state, and local regulations — and its effect on the ability of entrepreneurs and small business owners to pursue the American Dream. The authors explore this systemic issue and propose guidelines to trim the ‘regulatory thicket.’

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Will Overzealous Regulators Make Your Smartphone Stupid?

December 10, 2018

The authors of this paper discuss the patent system’s integral role in a flourishing innovation economy and argue that recent actions in this system by antitrust authorities have had “a deleterious effect on high-tech innovation in the spaces of standards and patent licensing,” and on innovation in general.

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