Daniel Farber

Henry J. Fletcher Professor of Law and Sho Sato Professor of Law at UC Berkeley. Contributor to constitutional and environmental law in the U.S. Writes on law, legislation, and jurisprudence.

The Misguided Notion of a Regulatory Cap

The idea of a regulatory cap has been kicking around in conservative policy circles, but it has now gained an important adherent in the form of Governor Mitt Romney. He

By Daniel Farber

/ April 20, 2012

The Misguided Notion of a Regulatory Cap

What Happens If the Supreme Court Strikes Down the Individual Mandate?

When I discussed the case last week with a number of conservative law professors, most were sure that the Supreme Court would uphold the Affordable Care Act in its entirety.

By Daniel Farber

/ March 29, 2012

What Happens If the Supreme Court Strikes Down the Individual Mandate?

Founder's Original Intent: Far from Crystal Clear

People who are upset about the Supreme Court often have a remedy in mind: appointing judges who will follow the original understanding of the Constitution. But reliance on original intent

By Daniel Farber

/ February 23, 2012

Founder's Original Intent: Far from Crystal Clear

Regulatory Uncertainty Not Causing Unemployment

Some prominent politicians and commentators have argued that uncertainty about the future regulations applying to businesses is causing joblessness. The argument is that many employers are holding back on new

By Daniel Farber

/ February 6, 2012

Regulatory Uncertainty Not Causing Unemployment