Federal regulations require all research funded by the federal government and involving human subjects to be overseen by an institutional review board (IRB) that evaluates whether the risks to subjects are minimized; whether those risks are reasonable in light of expected benefits; and whether...

How should the federal government be organized – and who (i.e., which departments, agencies, bureaus, and commissions) should do what? The issue is not new: President James Madison addressed governmental organization in his 1812 State of the Union Address, and in the last century, it is the...

As Google has moved from providing “ten blue links” to “universal search,” controversy has erupted over whether Google is favoring its own specialized search results over competing specialized results offered by other entities. Google’s competitors have complained about “search...

In recent years the United Kingdom and various other countries have decided to restructure the institutions responsible for enforcing competition laws. How should a nation choose among myriad alternative arrangements? This paper lays out nine major institutional choices that governments must...

The state action doctrine has been a significant impediment in the campaign against anticompetitive conduct by provider-dominated state licensing boards. In Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?, Professors Edlin and Haw argue that state licensing boards...

It’s not easy being a lawyer. “Biglaw” may not be dead (yet), but major firms have dissolved, filed for bankruptcy, and shed partners and practice groups. Small and mid-sized firms and solo practitioners are facing similar challenges. Some of these developments are attributable to the...

Most Internet searches result in unpaid (organic or algorithmic) results, and paid ads. The specific ads that are displayed are dictated by the user’s search terms (“keywords”). In 2004, Google began offering trademarks for use as keywords on an unrestricted basis, followed in due course...

People are angry about drug prices. What role, if any, should the FDA play in addressing this issue? Historically, the FDA’s answer has been “not our problem.” As the quality and safety agency, the FDA has repeatedly refused to get involved in drug pricing matters, even when its actions...

President Barack Obama signed the Affordable Care Act (ACA) in 2010 with no Republican support. The ACA has been politically divisive ever since, with the House repeatedly voting for repeal. Earlier this year, Congress successfully passed a repeal, with the Senate using a legislative process...

Health care fraud and abuse reportedly accounts for 10% of total spending on health care, or about $120 billion per year. Not surprisingly, Congress has granted fraud control personnel sweeping powers with which to attack the problem. Unfortunately, effectively addressing health care fraud is...