November 2025

Weekly Digest

An Economic Argument for Federal Preemption of State AI Laws

The rapid emergence of artificial intelligence technologies has prompted a familiar regulatory response: in the absence of a cohesive federal framework, states are rushing in to fill the void with a patchwork of local initiatives. But while some may argue that this patchwork is a noble fulfilment of federalism, the economics nonetheless argue for these state laws to be preempted and replaced with a single federal framework. We first looked at this problem back in 2008 when we published a paper entitled Developing a National Wireless Regulatory Framework: A Law and Economics Approach.

Can the Federal Communications Commission Preempt State AI Laws? A Review of the Communications Act and Interpreting Caselaw

Efforts to regulate Artificial Intelligence at the state level are proliferating like mushrooms after it rains. Unfortunately, given the lack of a clear statement by Congress that the federal government can preempt such state AI laws, current legal options to stop the proliferation of state AI regulation are shaky at best.

USDA Nominee Glen Smith Vows Review of Rural Broadband Programs

President Donald Trump’s nominee to serve as undersecretary for rural development at the Department of Agriculture, Glen Smith, pledged to review how the agency can better coordinate its rural broadband expansion efforts. During his nomination hearing before the Senate Agriculture Committee, Smith equated high-speed internet access with a “higher quality of life” and repeatedly called for improving broadband infrastructure to help revitalize rural economies. Sen Joni Ernst (R-IA), pressed Smith to address what she described as “duplicative” efforts among the government’s 133 broadband progr