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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Creating Pro-Innovation Fintech Regulation

January 30, 2018

In this paper, Brian Knight discusses 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

December 11, 2017

In this paper, James Capretta analyzes Medicare’s fee-for-service payment systems, argues these payment systems have led to inefficiencies and fragmented care delivery, 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

November 16, 2017

In this paper, James Cooper, Timothy Muris, and Todd Zywicki examine and make recommendations to help improve 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

November 13, 2017

In this paper, James Cooper, Elyse Dorsey, and Joshua Wright discuss occupational licensing boards, competition, and the role antitrust law can play in the marketplace.

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Occupational Licensing Run Wild

November 7, 2017

The authors of this paper provide a historical analysis of occupational licensure in the United States, discuss the costs and benefits of our licensing system, explore so-called “licensing creep,” and propose solutions to help address “occupational licensing run wild.”

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Creativity and Innovation Unchained: Why Copyright Law Must be Updated for the Digital Age by Simplifying It

October 27, 2017

The authors of this paper argue that “the basics of copyright are fully compatible with modern technology, but specific provisions enacted years ago to try to address long-gone business and technological problems are still on the books. Instead of solving yesterday’s problems, these sticky laws shackle today’s creative marketplace.”

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