Notice & Comment

Notice & Comment

Notice & Comment

Appropriations, the Budget, and Public Debt Transparency: The Fiscal Panorama, by Gillian Metzger, Anna Gelpern, Alissa Ardito Ashcroft, Erika Lunder, and Karla Vasquez-Suarez

Appropriations, budget, and public debt law lurk in the recesses of public law. Every now and again, in a blaze of glory and spilled ink, they emerge under the guise of a constitutional issue. Should a constitutional question arise, usually separation of powers, amid a political stalemate, then an extended shutdown or debt ceiling drama […]

Notice & Comment

On “NPU-ness,” by David Singh Grewal

*This is the tenth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The arrival of the first new casebook on regulated industries—what its authors call “Network, Platform, and Utility” (NPU) law—in a quarter century is […]

Notice & Comment

Administrative Law Conference in DC, 2/9: Ensuring Democratic Accountability in the Administrative State

On Thursday, February 8, 2023, there’s a terrific law review symposium in Washington, DC, on democratic accountability in the administrative state. Shoba Wadhia and I will be presenting our new working paper on democratic accountability and modes of regulatory policymaking. Definitely join us if you’re in DC and have time. Here are the details from […]

Notice & Comment

The Political Economy of NPU Law, by Amy Kapczynski

*This is the ninth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of the things that constituted the neoliberal era in law schools was a mainstreaming of a very particular view about markets. Markets […]

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Money and Banking through the “Networks, Platforms, & Utilities” Lens: Preliminary Thoughts, by Saule T. Omarova

*This is the eighth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Writing a law textbook is a huge task. Writing a textbook that takes a panoramic view of multiple substantive issues and areas of […]

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What Are Networks, Platforms, and Utilities and What Should We Do with Them? by Josh Macey and Genevieve Lakier

*This is the seventh post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms and Utilities (NPU) is an ambitious book.It covers an enormous range of industries and regulatory frameworks—everything from banking to the postal […]

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NPU and the Long Interregnum, by William Boyd

*This is the sixth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. When I went to law school, after having spent years studying the political economy of particular industries (energy, forest products, chicken processing, agricultural […]

Notice & Comment

What’s In a Name? Reimagining Networks, Platforms, and Utilities, by Sharon Jacobs

*This is the fifth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The new casebook by Morgan Ricks, Ganesh Sitaraman, Shelley Welton and Lev Menand on the law and policy of networks, platforms, and utilities […]

Notice & Comment

Free Conference on the Past, Present, and Future of FTC Rulemaking

BYU Law is hosting a series of free conferences and webinars on antitrust and tech-related regulatory issues. Our next conference will be on Friday, February 24 in Washington D.C. (and remotely), and will address the past, present, and future of Federal Trade Commission rulemaking — a timely topic for obvious reasons. Commissioner Christine Wilson and Elizabeth […]

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Timeline for OIRA Nominees in New Administrations

Back in February 2021, in the early days of the Biden Administration, I wrote about when we might expect to see a nominee for the administrator of the Office of Information and Regulatory Affairs (OIRA). The conventional wisdom is that Cabinet heads go first and then the administration works its way down the hierarchy filling […]

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“What Have the Romans Ever Done for Us?” Dismantling Neoliberal Pieties One Foundational Sector at a Time, by Yochai Benkler

*This is the fourth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. “We encourage you to think of it as offering something like a liberal arts education in the structural foundations of American capitalism.” (p. […]