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Articles by Henry Miller
How To Regulate With Excellence
Cary Coglianese discusses how regulators can sharpen their skills and produce better regulatory outcomes. In this discussion, regulatory scholar Cary Coglianese explains how regulators are similar to mountaineers. Both take good judgment, teamwork, and strong decision-making skills.
Solving the Pedestrian Safety Crisis
Scholar explains how NHTSA can regulate to ensure pedestrian safety. American streets have witnessed devastating carnage over the past twelve years. During the 2010s, pedestrian fatalities increased 46 percent. That deadly uptick has showed no signs of slowing as 2021 brought another increase in pedestrian deaths. In a recent law journal article, Gregory H.
Boosting the Biotech Economy
Recent Biden administration initiatives to boost the “bioeconomy” acknowledge an important fact: the government’s current biotechnology regulatory policies impose an unnecessary burden that slows the development of important products. A proposal to shift oversight of genetically engineered food animals to the Department of Agriculture, instead of its currently shared responsibility with the FDA, would help ease that burden.
The VA's Unwise Laser Eye Surgery Policy
The Department of Veterans Affairs is the federal government’s second-largest department. As of 2021, it operated approximately 1,600 health-care facilities, 144 medical centers, and 1,232 outpatient sites, of varying complexity. The VA has long been plagued by a wide spectrum of problems, including long delays in scheduling appointments, substandard care, and years of trying to get a $10 billion electronic system to work effectively.
How to Delegate Authority for Climate Action
Scholar advocates the use of foreign policy authority for executive branch climate action. In the recent West Virginia v. EPA decision, the U.S. Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) could not rely upon certain provisions of the Clean Air Act to regulate greenhouse gas emissions. According to some observers, this decision has created a major obstacle for federal climate regulation and set the stage for future conflict between courts and federal regulators.
Conserving the Conservation Tax Break
A tax break for charitable donations of land needs updating to achieve its purpose of cost-effective conservation. When they first codified a tax break for property donations for conservation purposes, members of the U.S. Congress did not foresee that the provision would enable developers such as President Donald J. Trump to receive tens of millions of dollars in tax breaks from golf courses and luxury properties.
Climate-Change Conference Devises Wrong Solutions
It’s often said that members of Generation Z are clueless, and the signs that these young people held at the November COP27 conference are evidence of that proposition. They fail to see the big picture. Let’s accept, for the moment, the premise of their advocacy: that human activities produce greenhouse gases (GHGs) such as carbon dioxide, which give rise to atmospheric warming, and thus to some degree of disruption and damage.
New York Clean Energy Goals Finally Show Promise
Modifications to New York State’s clean energy laws cleaned up the New York City grid. Over the last several years, the state and city of New York have made ambitious commitments to transition the state’s electricity grid to renewable energy. But by the end of last year, New York City had made little progress toward these goals—fossil fuels still accounted for 85 percent of the city’s electricity generation.
Biden's Biotech Executive Order Is a Bureaucratic Bonanza
How Biden’s attempt to boost the “bioeconomy” could do the opposite
Biden's Biotech Executive Order Is a Bureaucratic Bonanza
Half a century ago, biotechnology became a marketing buzzword for the products and processes that used then-new techniques of genetic modification, such as recombinant DNA technology, or “gene splicing.” Today, that term has given way to “the bioeconomy,” the economic output from biotechnology, which President Biden’s September 12 “Executive Order 14081 on Advancing Biotechnology and Biomanufacturing” seeks to grow with new industrial policy.
Defying Markets to Promote Organics
Advocates of President Biden’s 2021 American Rescue Plan touted the $1.9 trillion-dollar stimulus bill as a vehicle for various goals—to fund a national vaccination program, stop Covid-19, and reopen schools. Who could be against any of that?
Will Biden Declare a ‘Climate Emergency’?
Less than a month after the Supreme Court’s decision in West Virginia v. EPA, the White House is reportedly contemplating declaration of a “national climate emergency.” On July 20, at a former coal-fired power plant in Massachusetts, President Biden said, “Climate change is an emergency.
Holding the World Health Organization Accountable
The Covid-19 pandemic should be a wakeup call that there is something very wrong—irreparable, even—at the World Health Organization. This revelation shouldn’t come as a surprise. After all, the WHO is a constituent of the relentlessly incompetent and politicized United Nations.
Diversity Is a Smokescreen in College Admissions
The Supreme Court has agreed to hear two more cases challenging the use of race as a criterion in college admissions, as has allegedly happened at Harvard University (a private institution) and the University of North Carolina (public). On the surface, the argument turns on whether the desire for a diverse student body trumps many laws and the Fourteenth Amendment to the U.S. Constitution, which prohibit discrimination and guarantee equal protection to all.
NIH's Misguided Research Priorities
In his last blog post before resigning as director of the National Institutes of Health in December 2021, Francis Collins touted many of the important areas of research NIH conducted or funded in his more than 12 years leading the organization, “from innovative immunotherapies for treating cancer to the gift of mRNA vaccines to combat a pandemic.” He could have added to this list other frontiers of medicine explored by NIH-supported researchers: how the human brain works; the health benefits...
The Wrong Solutions
Advocates and public officials blame a growing number of seemingly unrelated phenomena, from tornadoes to medical problems, on climate change. As the list grows, they call for policies to tackle the putative crisis, while overlooking the flaws in their preferred solutions. Consider, for example, the rush into electrification to leverage renewable energy as a green substitute for fossil fuels.
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