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New Bulk Data Rules: A Worthy Policy Goal, Executive Overreach, and a Challenging Task
In February, President Biden announced an Executive Order on Preventing Access to Americans’ Bulk Sensitive...
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An Observation About Culley v. Marshall
This morning, the Supreme Court handed down its decision in Culley v. Marshall. By a vote...
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A Hopeful End to the Climate Kids Case
And so, the days of Juliana v. United States came to an end. Just over...
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To Appease Protestors, Universities Promise to Violate Civil Rights Laws
To date, at least three universities have caved to their anti-Israel mobs. Northwestern, Rutgers, and...
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Why the FCC Should Rethink Its Proposed Ban on Bulk Billing
In a surprising move, the Biden Federal Communications Commission (FCC) has proposed a rule that...
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Second Circuit Rejects Preemption Challenge to New York’s Broadband Rate Regulation
On April 26, the U.S. Court of Appeals for the Second Circuit issued its decision...
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The FTC’s Weak Case Against Amazon
Late last year, the Federal Trade Commission (FTC), joined by seventeen state attorneys general, filed...
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Noncompetes, Overtime, and the Status Quo: How Agency Rulemaking Distorts Federal Policy and Why Only Courts Can Fix It
Last week was a busy one for the Biden administration. It issued a raft of...
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When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets?
Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
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Whither Expertise? The Decline and Fall of Nonpartisan Policy at the National Labor Relations Board
Last week, the National Labor Relations Board decided Chemtrade West US LLC, a case about...