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April 22, 2025
Which is in Collapse? Administrative Law or REAL ID?
If you’ve ever raised children, you’re familiar with defenses like: “I didn’t hit my brother. My bat did!” We keep kids in whiffle ball until they understand culpability a little better. The upcoming deadline for compliance with our national ID law, REAL ID, has a children’s logic to it. The deadline will not change, we…
April 3, 2025
How Virologists Lost the Gain-of-Function Debate
For years, scientists kept the debate about risky virus research among themselves. Then Covid happened. As President Trump prepares to crack down on virology research, the expert community must face up to its own failures. Read the full essay in The New Atlantis.
March 28, 2025
Generative AI: The Emerging Coworker Transforming Teams
Artificial intelligence (AI) is likely to transform workplaces, fundamentally changing tasks, teamwork, and organizational dynamics. Several recent studies highlight promising early findings about how AI is affecting knowledge workers, suggesting it can actively collaborate with humans to enhance interactions and capabilities across various professions. The first study, conducted by researchers from Harvard, Wharton, and Procter…
March 26, 2025
DOJ’s Baseless Lawsuit Against HPE and Juniper Hurts Consumers
In the waning days of the Biden administration, a flurry of regulatory activity sought to cement policies that would be difficult for President Trump to unwind. New trade and labor agreements, expanded spending commitments, and a slew of regulations were pushed through, ensuring that Trump’s administration would be forced to navigate legal and bureaucratic obstacles to implement its agenda. Did Biden’s antitrust enforcers…
March 25, 2025
The Public Interest as a Political Tool
Donald Trump and Brendan Carr, the president’s choice to chair the Federal Communications Commission (FCC), seem intent on reinvigorating the Commission’s statutory authority to ensure that over-the-over broadcasters serve “the public interest.” That’s especially so when it comes to deploying the FCC’s news distortion rule to potentially punish stations—for example, CBS affiliates that aired 60…
March 21, 2025
Will FCC v. Consumers’ Research Revive the Nondelegation Doctrine?
The idea behind the nondelegation doctrine is sound: Congress should not delegate legislative power to executive branch agencies. But its implementation leaves much to be desired. Nearly every nondelegation case acknowledges there’s a theoretical boundary but then finds that Congress hasn’t crossed it here. Only twice has the Supreme Court found a law violated the…
March 21, 2025
New Poll on Workers’ Attitudes to AI Reinforces Old Divides
Will artificial intelligence help, replace, or kill us? These long-unanswered questions came back into focus earlier this week, as the Pew Research Center published the results of an eye-opening poll that further underscores an unhappy trend: our debate about AI is fundamentally broken. Pew found that more than half of all American workers reported being…
March 18, 2025
The Sad Myth of Independent Agencies
President Trump’s recent executive order (EO) asserting more formal control over so-called independent agencies has sparked controversy. Critics decry it as a “fundamental reshaping of the federal government” and even “illegal,” fearing that it will allow the president to direct regulatory decisions. But while the EO may look dramatic, in practice it changes little. Independent…
March 18, 2025
Children’s Online Safety Should Rely on Content Providers, Not Device Manufacturers
Creating and managing a positive digital environment for children has become a priority for parents, lawmakers, and technology companies. However, as proposals progress to develop solutions and implement protections, we must ensure that our approaches address parents’ concerns without creating additional issues from the extensive collection of minors’ data. Several legislative proposals currently seek to…
March 7, 2025
Design Mandate Proposals Threaten American AI Leadership
Scholars often cite the 1984 Betamax case as a pivotal moment in the development of modern American tech policy. The entertainment industry sought to prohibit Sony from selling its videocassette recorder, because it could be—and largely was—used by consumers for copyright infringement. But the Court declined, finding that the device was “capable of substantial noninfringing…