Back to the Future: How Not to Write a Regulation
The new activists at the FTC are again seeking radical transformation of long-standing legal foundations of antitrust and consumer protection, to be implemented through a new wave of rulemaking.
All Publications
The Unintended Consequences of Banking Regulations: Shadow Banking
Shadow banks are not subject to the stringent regulation that traditional banks are and can pose great risks to the financial system. Since the financial crisis, banking regulations have been tightened to reduce the fragility of the financial system.
FDA Struggles to Pinpoint Impacts of Proposed Rule
In February, the Food and Drug Administration (FDA) released a long-awaited proposed rule creating national standards for companies in the prescription drug supply chain.
FDA & Wholesale Drug Distributors
Dylan Desjardins offers ways for the FDA to improve the underlying assumptions, examination of alternatives, and review of unintended consequences for this proposed rule.
Final Report on Contractors in Rulemaking
This report sheds light on the ways that federal agencies use contractors to support the rulemaking process.
In recent years, the Chinese government has increasingly flexed its economic, political, and military muscles around the world. Close to its mainland home has been no exception, as the Chinese government has taken actions to pressure officials in Hong Kong and Taiwan.
Possibilities and Perils of Deepfake Technology
While the potential for deepfake technology to disrupt society has been clear for years, its growing accessibility and high-profile instances of use have increased concerns over their capabilities. In the first of a planned series discussing deepfake regulation, this post summarizes some of the most significant costs and benefits of the technology.
Responding to Mass, Computer-Generated, and Malattributed Comments
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decision making.
Memos to the New OIRA Administrator
President Biden’s Modernizing Regulatory Review memorandum signals continuity in some regulatory practices and big shifts in others.
Supervising the Guantanamo Tribunal Supervisor after Arthrex
The Supreme Court held in United States v. Arthrex that administrative patent judges’ decisions must be subject to agency-head review because they were not appointed as principal officers.