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December 20, 2024
What’s Next After Court Upholds TikTok Ban
Last week, the US Court of Appeals for the DC Circuit upheld the TikTok divest-or-ban bill against a constitutional challenge. The result was unsurprising given how poorly TikTok fared at September’s oral argument. The decision itself contains many intriguing legal insights at the nexus of national security and free speech. This post examines the court’s…
December 20, 2024
Did the Courts Just Nuke Environmental Review?
Description AEI fellows James W. Coleman and Adam J. White join Santi Ruiz of the Institute for Progress and Nicholas Bagley of the University of Michigan Law School to discuss two court cases that could have huge ramifications for how we build things in America.
December 19, 2024
Economics of Grid Defection III
The discussion of grid defection has reemerged with the changes in the technical capabilities of distributed resources, the growth of data center demand, and questions about whether utilities are up to the task of being nimble enough to adapt to these fast-changing circumstances. In parts I and II of this series I discussed the 2014…
December 9, 2024
“Propertizing” Privacy: Evaluating the Merits of a Property-Based Approach to Personal Data Protection
Decades into the Information Age, privacy continues to bedevil policymakers and businesses. Does treating personal information as common-law property offer a framework for thinking about privacy protection and maximizing consumer welfare? Or have experiments with injecting property into privacy legislation already proven it inapt? Recent law review articles fall on each side of the issue,…
December 3, 2024
Message from Voters: Remove Politicized Constraints on Fossil Energy Production
On Election Day, voters delivered at least one clear message: Remove the policy roadblocks standing in the way of greater fossil energy production, American oil and natural gas in particular. The reason is obvious: The efficient production of more fossil energy yields huge economic benefits for millions of working Americans and for the productivity of…
December 2, 2024
The MAGA Science Agenda Reveals America’s Future
The leader of the Republican Party and our country’s next president has tapped a pro-choice scion of the country’s most famous Democratic dynasty to lead the Department of Health and Human Services. In keeping with the bewildering dynamics of today’s negative partisanship, conservative groups such as the Heritage Foundation have cheered the selection of Robert F. Kennedy Jr., while liberals have…
November 25, 2024
The Roots of Public Mistrust: Science, Policy, and Academic Integrity
Astronomer Carl Sagan observed in his popular 1980 television show Cosmos, “There are many hypotheses in science that are wrong. That’s perfectly all right; it’s the aperture to finding out what’s right. Science is a self-correcting process. To be accepted, new ideas must survive the most rigorous standards of evidence and scrutiny.” The scientific community’s historical…
November 20, 2024
President Trump Should Abandon Biden’s Misguided War on Big Business
As President Trump takes office for the second time, a pressing question will be how to handle the Biden administration’s legacy of targeting large businesses. In 2021, President Biden issued an executive order on competition, launching an all-of-government effort to reverse, or at least stay, a century-long trend: the rising share of national output produced by large firms….
November 15, 2024
Should State Laws Determine National Energy and Climate Policies?
Opponents of fossil fuels claim to oppose pollution, but they are all too happy to pollute our legal and constitutional institutions in pursuit of their climate-policy agenda. The latest manifestation of this trend is a litigation campaign against fossil-energy producers in state courts under state laws, alleging that the energy producers “knew” decades ago that…
November 8, 2024
How Science Must Change
A minor brouhaha erupted on social media this week when the editor of Scientific American, Laura Helmuth, in a late-night fit of rage, posted profanity-filled and disparaging comments about those who voted for Donald Trump.1 As often happens in social media brouhahas, many are calling for Helmuth to be fired from her role as editor. However, this…