The Regulatory Review

In a recent essay, @RangitadeSilva of @pennlaw argues that women face distinct threats to association and calls for stronger recognition of those risks. buff.ly/FlGaK6e

In this week’s Saturday Seminar, scholars debate whether non-compete agreements should be regulated as anticompetitive restraints or preserved to protect legitimate business interests. buff.ly/O4co1V4

Mandatory regulation can fail when politics, enforcement limits, or litigation risks get in the way, so policymakers should use voluntary programs, argues @LuisInaraja of @GonzagaLaw. buff.ly/tlCBMOu

Insurers’ AI tools can cut off medically necessary care behind trade-secret walls, so regulators should mandate validation and monitoring, argues @jenndoliva of @IUMaurerLaw. buff.ly/guBTls0

In a recent article, @LuisInaraja of @GonzagaLaw argues that mandatory regulation can be politically, practically, or legally blocked and calls for voluntary programs. buff.ly/tlCBMOu

Coverage algorithms can deny or delay physician-recommended care without FDA-style vetting, so regulators should require pre-use safety checks, argues @jenndoliva of @IUMaurerLaw. buff.ly/guBTls0

In a recent article, @jenndoliva of @IUMaurerLaw argues that opaque coverage algorithms can wrongly deny or delay care and calls for medical-grade safety review. buff.ly/guBTls0

Bypassing notice and comment can make law speak loudest while leaving agencies with thinner technical and economic records, argues Lucas Thevenard of @RegStudies. buff.ly/NTGyGgJ

Children lack power in policymaking, so governments should create pathways for child input, representation, resources, and remedies, argues @jtodres of @GeorgiaStateLaw. buff.ly/k14C7Hg

In a recent essay, @RegStudies scholar Lucas Thevenard argues that bypassing consultation can privilege legal arguments and weaken rules’ technical record. buff.ly/NTGyGgJ

Government agencies often fail to account for children’s needs, so they should elevate children’s voices and secure their rights through the VR3 model, argues @jtodres of @GeorgiaStateLaw. buff.ly/k14C7Hg

Children are often overlooked in policymaking, so governments should adopt the VR3 model of Voice, Representation, Resources, and Remedies, argues @jtodres of @GeorgiaStateLaw. buff.ly/k14C7Hg

In this week’s Saturday Seminar, scholars debate the legality, constitutional limits, and practical consequences of restricting gender-affirming care for transgender youth. buff.ly/A9uC359

Interplanetary contamination and asteroid threats are outpacing existing space law, so new institutions should coordinate responses, argue Jonathan B. Wiener of @DukeLaw and Chase Hamilton. buff.ly/0f3F8gO

Private funds may look safer than they are when managers smooth valuations, so the SEC should require clearer scenarios and fairer adviser incentives, argues Benjamin Bates of @Harvard_Law. buff.ly/AVo1YK6

In a recent article, Jonathan B. Wiener of @DukeLaw and Chase Hamilton argue that expanding space activity creates interplanetary risks and call for coordinated risk regulation. buff.ly/0f3F8gO

FDA may still win many post-Loper Bright cases if courts distinguish statutory interpretation from policymaking discretion, argues Erika Lietzan of @MizzouLaw. buff.ly/d9Fch52

Retail investors may get the weakest slice of private markets unless the SEC requires clearer risk disclosures and simpler fund menus, argues Benjamin Bates of @Harvard_Law. buff.ly/AVo1YK6

Opening private markets to retail investors may expose them to higher fees, higher risk, and weaker returns without stronger SEC guardrails, argues Benjamin Bates of @Harvard_Law. buff.ly/AVo1YK6

Loper Bright shifts statutory interpretation from agencies to courts, but FDA’s technical policy decisions may still receive deferential review, argues Erika Lietzan of @MizzouLaw. buff.ly/d9Fch52