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A legal and policy advocacy organization that educates the public and policymakers about the rule of law and constitutionally limited government.
Op-Ed Publications


CFJ Op-Ed: Pennsylvania's GRID Standards and the Fatal Conceit of AI Industrial Policy
While wind and solar technologies will likely play some role in future generation portfolios, policymakers and market participants should resist efforts to force hyperscalers into narrowly prescribed energy strategies that may prove poorly suited for the unique reliability demands of AI infrastructure.


CFJ Op-Ed: Artificial Intelligence, Natural Ignorance
Mises central insight was that markets are governed not by bureaucrats, but by consumers. Producers succeed only by satisfying the preferences of the people they serve.
In Human Action, Mises likened the consumer to the captain of a ship:
'The captain is the consumer. Neither the entrepreneurs nor the farmers nor the capitalists determine what has to be produced. The consumers do that.'
AI is no exception.


CFJ Op-Ed: Powering AI: Why Markets Matter More than Mandates
IWhile wind and solar technologies will likely play some role in future generation portfolios, policymakers and market participants should resist efforts to force hyperscalers into narrowly prescribed energy strategies that may prove poorly suited for the unique reliability demands of AI infrastructure.


CFJ Op-Ed: Brazil’s Digital Power Grab: Europe’s Regulatory Playbook Goes Global
In addition to being blatantly discriminatory, the legislation represents a flagrant disregard for the Trump administration’s trade priorities and creates a wide opening for China to deepen its foothold in Brazil.


CFJ Op-Ed: AI Term Sheets, Big Players, and the Market Process of AI Governance
In a market process, coordination emerges from many actors testing different plans, correcting errors, and responding to price signals, customer demand, and competitive pressure. What looks like coordination is actually the emergent result of decentralized adaptation. By contrast, a politically salient term sheet invites firms to cluster around what is legible to Washington.


CFJ Op-Ed: The Supreme Court Takes the Wrong Patent Case
In choosing Hikma v. Amarin, the Court has focused on a narrow question aligned with current concerns about drug pricing—while leaving unresolved deeper uncertainties in patent law that affect innovation across the entire economy.


CFJ Op-Ed: Why Trade Enforcement — Not Foreign Price Controls — Is the Right Response to High U.S. Drug Prices
Drawing on Austrian economics, CFJ argues that market prices—not foreign administrative ceilings—guide rational investment and innovation. Embedding government-set international price controls into Medicare would distort those signals and undermine U.S. pharmaceutical leadership


CFJ Op-Ed: Securing Property Rights Means Reining In Proxy Advisors
Drawing on Austrian economics, CFJ argues that markets depend on accurate profit-and-loss signals. When proxy advisors divert corporate governance toward non-economic goals, they obscure those signals and weaken the property-rights framework that sustains capitalism


CFJ Op-Ed: Don’t Be a Third Rail: Why the STB Should Trust Competition
The proposed merger between Union Pacific and Norfolk Southern tests whether regulators still trust competition and market-driven innovation. The Surface Transportation Board should focus on consumer welfare and dynamic competition—not static assumptions about consolidation.


The NIH Must Abandon This Harmful Remnant from the Biden Administration
Innovation is not a predictable linear process that begins in a lab and ends with a finished product ready for “access planning.”


National Review Op-Ed: Don't Tax Innovation: The Patent 'Wealth Tax' Is a Terrible Idea
A patent-value “fee” operates as a direct tax on personal property. Without apportionment, it squarely violates the Constitution.


National Review Op-Ed: Europe Is Going After America’s Biggest Companies. Trump Must Push Back
Europe’s campaign to undermine American tech is finally getting the attention it deserves. Last week, the House Judiciary Committee held a hearing examining how EU laws like the Digital Services Act (DSA) and Digital Markets Act (DMA) are being used to censor speech, punish U.S. companies, and tilt digital markets in favor of European firms.


Bloomberg Law Op-ed: DOJ Threatens AI Innovation and Antitrust Law in RealPage Suit
Arizona Attorney General Kris Mayes’ letter demanding Attorney General Pam Bondi to protect renters from market manipulation argues the Department of Justice should intervene in the housing pricing software market—the exact opposite of what the government should do when it comes to antitrust policy. Imploring Bondi to continue litigating a premature lawsuit the Biden administration initiated against the artificial intelligence-driven company RealPage may be well-intentioned f


National Review Op-ed: It is Time for One Agency to Enforce Antitrust
The Department of Justice should have sole antitrust authority, not share it with the FTC.


RealClearMarkets Op-ed: Federal Trade Commission vs. Cutting Edge Innovation
One particular area that enchants the Khan FTC is the nexus of antitrust and intellectual property.
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