Jack Malamud

Jul 10, 2024 | brookings.edu | Jack Malamud |Cameron F. Kerry |Mark MacCarthy |Katharine Meyer

On June 28, the Supreme Court of the United States (SCOTUS) handed down its decision in Loper Bright Enterprises v. Raimondo, ending four decades of “Chevron deference” and imperiling the regulatory state as we know it. The doctrine in question is the result of Chevron U.S.A. v. NRDC (1984), in which the Court held that, where statutory ambiguities exist, federal judges must generally defer to the interpretation of regulating agencies.

Jul 3, 2024 | brookings.edu | Bill Baer |Jack Malamud

In recent years, European leaders have increasingly debated whether competition enforcement should give way to industrial policy. A growing number of politicians argue that Europe should favor creating European “national champions” over enforcing the European Union’s (EU) competition laws. This, they say, is the only way to reinvigorate the European economy and challenge American and Chinese behemoths on the world stage.

Jan 25, 2024 | brookings.edu | Nicol Turner Lee |Jack Malamud

Over the last year and a half, we have seen a flurry of activity around regulating artificial intelligence (AI). OpenAI’s release of ChatGPT, a generative AI-powered chatbot, brought the debate about AI regulation further into public view in the last year, increasing the urgency for governments in the United States and abroad to prescribe guardrails for existing and emerging technologies. Other providers offering products that incorporate generative AI tools quickly joined the market.

Oct 1, 2023 | benton.org | Nicol Turner Lee |Jack Malamud

In the Infrastructure Investment and Jobs Act, Congress tasked the Federal Communications Commission to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for...

Sep 29, 2023 | brookings.edu | Nicol Turner Lee |Jack Malamud

In November 2021, when Congress approved $65 billion dollars for the expansion of high-speed broadband networks as part of the Infrastructure Investment and Jobs Act (IIJA), it tasked the Federal Communications Commission (FCC) to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “equal opportunity to subscribe to an offered...