Key Points Read the PDF.https://www.aei.org/wp-content/uploads/2024/03/A-Choice-of-Law-Alternative-to-Federal-Preemption-of-State-Privacy-Law.pdf?x85095 Introduction A prominent theme in debates about US national privacy legislation is whether federal law should preempt state law. A federal statute could create one…
By Jim Harper | Geoffrey A. Manne | March 15, 2024
National markets need a national regulator, right? It makes no sense to have our large American companies face as many as 50 regulators. The inefficiencies are obvious, and the logic…
By Jim Harper | March 15, 2024
Sometimes US Supreme Court concurring opinions—those that agree with the majority’s result, but perhaps for different reasons—read more like dissents. The recent concurrence of Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson…
By Clay Calvert | March 14, 2024
In the halls of the Federal Trade Commission (FTC) and across the Atlantic in the chambers of the European Commission (EC), not to mention within the borders of Florida and…
By Mark Jamison | March 13, 2024
While the internet has improved monumentally since its early days of bandwidth restrictions and dial-up, customers are more demanding of the network and have little patience for latency on any…
By Shane Tews | March 13, 2024
Behind the growing challenge of robocalls lies a complex digital economy. As our digital footprints grow and our phone numbers become a key aspect of our online identity, providers and…
By Shane Tews | March 12, 2024
During oral arguments last month before the US Supreme Court in the First Amendment cases of Moody v. NetChoice and NetChoice v. Paxton, much discussion involved their procedural posture as facial challenges(not as-applied attacks) against Florida and Texas statutes…
By Clay Calvert | March 11, 2024
As the five-year anniversary approaches of the March 15 live streamed massacre of 51 people (with 50 more injured) by a lone shooter at two Christchurch, New Zealand, mosques, it is apposite…
By Bronwyn Howell | March 8, 2024
The traditional bastions of news media are facing a formidable challenge: protecting themselves from the very consumers they aim to serve. Confronted with the of loss of advertising revenue to…
By Mark Jamison | March 7, 2024
In a development that can surprise no one, the Biden administration is reportedly planning to delay the schedule of its “multi-pollutant emissions standards” rule to force a massive shift to electric vehicles (EVs). The…
By Benjamin Zycher | March 6, 2024
The decades-long push for expansion of “renewable” electricity generation—wind and solar power in particular—always has been driven by a combination of religious fervor and the rent- and vote-seeking cynicism of…
By Benjamin Zycher | March 6, 2024
As we discussed in January, the New York Times Company surprised many with the late December copyright infringement lawsuit it filed against OpenAI. Now the artificial intelligence (AI) giant has struck back, filing a motion…
By Michael M. Rosen | March 6, 2024
Automatic stabilizers are government mechanisms, like unemployment insurance and progressive taxes, that help to stabilize the economy without needing direction from Congress. In a similar way, there are a range…
By Will Rinehart | March 5, 2024
Abstract The United States now has a landmark climate and clean energy law: the Inflation Reduction Act. The Act may provide more than a trillion dollars in spending on new…
By James W. Coleman | March 1, 2024
The political background and substantive implications of the recent US reversal on market-opening digital trade policies are now emerging with greater clarity. And what a tangled web has unfolded, with…
By Claude Barfield | March 1, 2024