Why the Court Should Reexamine Administrative Law’s Chenery II Doctrine
In this paper, CGO scholars argue that the conventional interpretation of Chenery II is a serious overreading of the Court’s decision.
Research
Regulating Outer Space: Of Gaps, Overlaps, and Stovepipes
This paper looks at our regulatory structure, who regulates outer space, and with what authority. Are there gaps that need to be filled?
Real Options Analysis Could Help Improve Regulatory Decisions
Real options analysis promotes transparency in regulatory decisions, encouraging agencies to showcase the effort behind each regulation.
Keeping Kids Safe Online: How Should Policymakers Approach Age Verification?
As policymakers devise new online child safety regulations, how should they approach the issue of age assurance?
Regulatory Pluralism: An Empirical Analysis of Decision Making in Administrative Law
Daniel Epstein's theory, "regulatory pluralism," explains the regulatory state's failure to follow statutory procedures using novel data.
The Tension between Agency Authority and the Constitution
Executive branches can wield legislative and judicial power despite "checks and balances" in the U.S. Constitution.
Substantial Defects: Deference, Juries, and Agency Fact-Finding
Authors John Kerkhoff and Oliver Dunford assert that no right was more important to the Founders than the right to trial by jury.
The FCC, USF, and USAC: An Alphabet Soup of Due Process Violations
The FCC must curb USAC's power and benefits to ensure good governance while combating waste, fraud, and abuse in the USF.
Should Congress Extend the Moratorium on Regulating Human Spaceflight?
Should Congress should let the moratorium expire? No, original spaceflight projections were too ambitious.
Moderating (Mis)information
Combating misinformation in social media is a topic of debate. Policies for moderation can be effective and socially beneficial.
What Should Policymakers Do about Social Media and Minors?
Policymakers face calls for social media regulations concerning minors, emphasizing the need for child safety and well-considered policies.
Public Interest Comment on the FTC Trade Regulation Rule on Commercial Surveillance and Data Security
The Federal Trade Commission (FTC) through this ANPRM is pursuing a topic of immense importance to the American public and economy.
Disrupting the Narrative: Diving Deeper into Section 230 Political Discourse
We examine how Section 230 allows platforms to moderate content concerning health misinformation, hate speech, and child abuse materials.
Assuming Good Faith Online
Online content moderation debates involve a tension between assuming users' good faith and addressing bad faith contributions.
Section 230: A Retrospective
Section 230 of the Communications Decency Act governs the liability for online crimes among content creators, platforms, and services.
Is Common Carriage a Good Framework for Social Media Platforms?
Many proposals classify and regulate social media companies as “common carriers”. These laws may not be good for the media marketplace.
Estimating the Impact of Critical-Habitat Designation on the Values of Developed and Undeveloped Parcels
When private land is designated as critical habitat for an endangered species, does that change the value of the land?
Crowdsourcing Conservation: How to use community science to advance public and private conservation
This policy paper examines conservation projects using crowdsourcing to determine if it is a useful tool for advancing conservation efforts.
How does targeted cash assistance affect incentives to work?
What are targeted cash assistance programs and what are their effects? CGO Visiting Scholar Max Ghenis discusses in this research in focus.
Smoke or Vapor? Regulation of Tobacco and Vaping
In this chapter, economist James Prieger examines the risks and relative benefits of vaping compared to smoke tobacco.
“Blue Laws” and Other Cases of Bootlegger/Baptist Influence in Beer Regulation
Adam C. Smith and Stephan F. Gohmann provide avenues for states to improve beer regulations to encourage the growth of the industry.
Unintended Consequences of Regulating Private School Choice Programs: A Review of the Evidence
Doctors DeAngelis and Burke review the effects of school choice programs that give families wider options to move between schools.
Net Neutrality: Internet Regulation and the Plans to Bring It Back
Net neutrality, like other policies, sounds uncontroversial yet refers to a specific and highly contentious policy.
Governance for Networks: Regulation by Networks in Electric Power Markets in Texas
Michael Giberson and Lynne Kiesling compare how Texas’s electricity market provides much more diversity of choice than other states.
Retail Electric Competition and Natural Monopoly: The Shocking Truth
In this chapter, Jerry Ellig shows how improvements in technology have made monopolies for electric service obsolete.
Cooperation or Conflict: Two Approaches to Conservation
Environmental policy scholars challenge the choice between protection through strict regulation or a free-for-all causing degradation.
The Tradeoffs between Energy Efficiency, Consumer Preferences, and Economic Growth
Regulation is often justified by the existence of market failures in which market systems fail to maximize overall welfare.
Building Energy Codes: A Case Study in Regulation and Cost-Benefit Analysis
Cities and states adopt energy standards into building codes to reduce energy consumption and prevent environmental damages.
Land Use Regulation and Housing Affordability
Every city in the US has implemented regulations limiting the amount of housing that can be built and raising the cost of construction.
How Can Certificate-of-Need Laws Be Reformed to Improve Access to Healthcare?
Research on Certificate of Need laws shows that they have largely failed to improve access to healthcare services.