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April 1, 2025
The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case
Earlier this month, I previewed the arguments in Federal Communications Commission v Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the nondelegation doctrine, which prohibits Congress from delegating the legislative power to executive branch agencies. As my previous post explains, nondelegation is a largely toothless doctrine, mostly…
April 1, 2025
Another Courtroom Loss for AI Creations, as “Automatoners” Prevail Again
Last month, a federal appeals court confirmed what most legal regimes around the world—patent offices, administrative judges, and even supreme courts—have long held: Machines cannot themselves create. Readers of this space are by now hopefully well acquainted with the fierce divisions between autonomists—those who contend that artificial intelligence (AI) is now or will soon become…
March 27, 2025
We Still Haven’t Reckoned with Covid’s Costs
Five years ago, a new coronavirus to which no one was yet immune was sweeping the globe, shutting down schools and sporting events. In March 2020, masks had not yet become a partisan lightning rod — the Centers for Disease Control and Prevention had not yet even recommended them. And according to the Pew Research Center,…
March 26, 2025
Return of the Landline: A Regressive or Welcome Scenario?
If there has been one inexorable trend in the telecommunications industry over the past 30 years, it has been the decline of the household landline phone connection. While Figure 1 illustrates the case for the United States, the phenomenon is worldwide. The humble landline, with its single function and tethered to a single fixed location has given…
March 25, 2025
The Press Clause’s Disputed Meaning and Its Implications for Trump-Era Journalism
A burgeoning battle among academics and attorneys involving a centuries-old communications technology––the printing press––could impact journalists’ current claims to constitutional protection against President Trump’s ceaseless attacks on news organizations. Indeed, the dispute might profoundly affect lawsuits such as Associated Press v. Budowich in which a wire service is fighting to restore its press-credentialed access to…
March 20, 2025
Regional Transmission Organizations as Market Platforms V
In this RTO series, I’ve been exploring the decision-making processes and corporate governance structures within Regional Transmission Organizations (RTOs), highlighting how these institutions perpetuate the control and decision-making power of incumbent investor-owned utilities (IOUs). Today, we’ll delve deeper by examining two critical, complementary insights: first, how monopoly regulation dilutes corporate governance incentives for IOUs, and…
March 20, 2025
Is Single Extreme Event Attribution Even Possible?
The U.S. National Academy of Sciences, Engineering, and Medicine (NASEM) currently has a study committee on Attribution of Extreme Weather and Climate Events and their Impacts. In this series — Weather Attribution Alchemy — I have previously discussed the committee’s many conflicts of interest. Today I discuss a crucial scientific question at the center of the committee’s work,…
March 12, 2025
“In Bad Faith”
The DC Court that heard the defaation case brought by climate scientist Michael Mann against two bloggers has ruled today that Mann and his lawyers acted in “bad faith” during the case, by presenting false claims on multiple occasions related to Mann’s grant funding: Here, the Court finds, by clear and convincing evidence, that Dr. Mann, through…
March 12, 2025
How To Get Rid of a Tenured Professor
I was a tenured full professor at the University of Colorado Boulder for almost 24 years. At the end of 2024, I left. Officially, it was a voluntary departure. But I sure felt like I’d been pushed out. My story started in 2015, when Rep. Raúl Grijalva (D–Ariz.) asked the university to investigate me. He alleged that…
March 11, 2025
Welcome to the Era of Energy Realism
Every year for the past 15 years, JP Morgan publishes an outstanding annual energy report by Michael Cembalest. Last week JP Morgan published its 2025 edition and today I share five important figures from the many in the report, which I highly recommend. Cembalest’s top line: [A]fter $9 trillion globally over the last decade spent on wind, solar,…