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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When Considering Federal Privacy Legislation

December 4, 2018

In this paper, Neil Chilson 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

October 16, 2018

In this paper, Mark Rutzick 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

September 27, 2018

In this paper, John Cohrssen and Henry Miller discuss 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

September 19, 2018

In this paper, Peter Huber and Roger Klein explore 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

July 5, 2018

In this paper, Matthew Heiman provides a brief overview of the EU’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

June 26, 2018

In this paper, Linda Chavez, Roger Clegg, and Stuart Taylor argue that Department of Education guidance documents infringed on the due process and free speech rights of those accused of sexual harassment or assault on college campuses, and proposes guidelines to address these concerns.

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

June 12, 2018

In this paper, Justin “Gus” Hurwitz and Jamil Jaffer paper argue 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?

May 10, 2018

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 could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label communications? Christina Sandefur delves into these important questions.

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

March 26, 2018

In this paper, Yevgeniy Feyman 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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