*This is the ninth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Just before Barack Obama took office, Richard Revesz and Michael Livermore published Reinventing Rationality. Their book sought to defend […]

*This is the eighth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Mike Livermore and Ricky Revesz should be applauded for doing the near-impossible in Reviving Rationality—spinning a lively and engaging […]

I am so deeply saddened to report that Professor Richard Parker from the University of Connecticut Law School passed away unexpectedly on Sunday, October 3, 2021. Like many, I first met Richard Parker at the ABA Administrative Law Section’s fall conference many years ago. Richard was so welcoming to a new junior colleague. His smile […]

*This is the sixth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In Reviving Rationality, Livermore and Revesz (“L&R”) argue for a robust rehabilitation of cost-benefit analysis (“CBA”), after its cartoonish […]

*This is the fifth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Reviving Rationality by Michael Livermore and Richard Revesz is a timely and important work. While it has many virtues, the one […]

*This is the third post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Much of Michael Livermore and Richard Revesz’s Reviving Rationality is devoted to critiquing the Trump administration for its ill-grounded […]

On September 30, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI) in a new proceeding styled, “Spectrum Requirements for the Internet of Things.” The Notice seeks public comment regarding current and future spectrum needs “to enable better connectivity relating to the Internet of Things (IoT).” More specifically, it invites comments that evaluate: […]

In a memorandum dated September 30, 2021, Alejandro Mayorkas, Secretary of the Department of Homeland Security, issued long-awaited guidance on prosecutorial discretion and civil enforcement priorities. Titled “Guidelines for the Enforcement of Civil Immigration Law,” the seven-page document is Department wide and provides guidance for the apprehension and removal of noncitizens. This post includes some […]

In one of the more memorable passages of Plato’s Republic, the Athenian philosopher introduces the parable of the Ring of Gyges, a talisman conferred upon a Lydian king that rendered him invisible and allowed him to engage in a string of depredations with no personal repercussions.  Over the millennia, this ancient insight has demonstrated its […]

Last week, in Biden v. Texas, the Supreme Court allowed a lower court to block the Biden Administration’s rescission of the Trump-era “Remain in Mexico” policy. Several commentators have suggested that this was the logical consequence of last year’s decision blocking Trump’s own rescission of the Obama-era policy of “Deferred Action for Childhood Arrivals” (DACA). […]

Last week, the Supreme Court made waves by declining to stay a lower-court ruling that blocked the Biden Administration’s rescission of the Trump Administration’s “Migrant Protection Protocol” or “Remain in Mexico” policy. Though an unfortunate result, this outcome follows logically, if not inevitably, from the Supreme Court’s equally unfortunate decision in June 2020 preventing the […]

This is the second part of a two-part post. For the first part of this post, click here. Introduction The new FDI Regulation[1], which is applicable in all member states of the European Union (“EU”) since 11 October 2020, establishes a framework for the screening of foreign direct investment (“FDI”) into the EU. Thus far, […]