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Have You Heard the Good News About Consumer Protection?

Recent years have witnessed a sea change in consumer protection, ushered in by a new generation of enforcers who reject many of the basic premises from the neoliberal era. They aim not merely to ensure that consumers have the information necessary to discipline firms through choice, but to prevent businesses from using their power to shape markets in ways that take advantage of consumers.

What Do You Mean by Efficiency? An Opinionated Guide

To ask “but what do you mean by efficiency?” can make one appear unsophisticated or pedantic. But that’s precisely the question we should be asking. Because there are good reasons to reject the notions of “efficiency” usually taught in 1L classes, even if — in fact, precisely because — we have good reason to value other forms of efficiency.

Seven Reactions to Biden v. Nebraska

Louise Seamster, Blake Emerson, Marshall Steinbaum, Ryann Liebenthal, Jonathan Glater, Persis Yu, and Luke Herrine offer their initial reactions to the Supreme Court's invalidation of the Biden administration’s student debt cancellation program.

Some Short Circuits in the Rewiring of Regulatory Review

OIRA's proposed update to its notorious Circular A-4 incorporates a long list of improvements. But let's not get too caught up in the moment. The update represents a recalibration, rather than a rejection or rethinking, of that basic framework.