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Achieving Change at the Federal Trade Commission
Introduction “Never mistake activity for achievement.” – John Wooden Although small in budget, the Federal Trade Commission (FTC) has sometimes had an outsized impact. Created to fulfill one of…
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Major Questions on Net Neutrality
The Federal Communications Commission (FCC) is poised once again to change and classify broadband internet access service (BIAS), the mass market wireline and wireless broadband…
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Forcing the UN’s Hand on China
Most United Nations (UN) environmental treaties are a bad deal for America that are made worse by classifying China as a developing nation and thus…
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Toward a US-Swiss Trade Agreement
This paper examines the benefits and challenges of a potential free trade agreement (FTA) between the United States and Switzerland. Such an agreement would do…
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Big Problems with SEC Climate Disclosure Mandate
The US Securities and Exchange Commission (SEC) is finalizing its mandatory climate disclosure rule[1] that will require publicly traded companies to provide the…
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Conflict of Justice
Introduction Imagine that a federal agency has charged you with violating a law or regulation, and you have to defend yourself in court. But you…
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Four Hot Issues at COP28
Over 75 different agenda items will be discussed and negotiated in Dubai at the 28th annual Conference of the Parties of the United Nations Framework…
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The UN’s Annual Climate Conference
I remember the first Conference of the Parties of the United Nations Framework Convention on Climate Change (COP) I participated in.1 It was back in…
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Rules for Robots – A framework for governance of AI
Introduction With the rise of artificial intelligence (AI) and machine learning technologies in recent years, we have seen increasing calls for regulation to mitigate the…
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Threats Then and Threats Now
Executive summary In 1971 Lewis Powell, a prominent Republican lawyer who would go on to serve on the Supreme Court, wrote a memo warning about…
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FTC’s Subscription Deception
Proposed Negative Option Rule has no opt-out from bureaucratic overreach Introduction The Federal Trade Commission (FTC) announced a Negative* Option Rule Notice of…
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Four Principles for Real Permitting Reform
Federal legislators continue to focus on permitting reform. For example, the Senate is reportedly1 working on more ambitious reform than those recently enacted in the…
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M&As Are A-Okay
Fretting about “killer acquisitions” and “kill zones” is common among regulators in Washington these days, but entrepreneurs and investors at work in the tech industry…
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Two Wrongs Don’t Make a Right to Repair
Should you have the legal right to fix your own stuff? At first glance, the answer would seem like a simple “yes.” That simple answer…
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Unleashing America’s Energy Abundance
As a side deal to the Inflation Reduction Act of August 2022, Sens. Joe Manchin (D-WV) and Chuck Schumer (D-NY) agreed to streamline infrastructure permitting.
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Strategies to Improve the National Artificial Intelligence Research and Development Strategic Plan
Few policy issues are as crucial to the future of U.S. national security and global economic competitiveness as the development of artificial intelligence (AI)…
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How Regulatory Sandbox Programs Can Promote Technological Innovation and Consumer Welfare
Around the world, leading financial centers seek to attract companies capable of developing innovative financial products and services. From blockchain-based payments to alternative credit scoring…
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Terrible Tech Bills from the 117th Congress
Congress is considering an onslaught of legislation targeting the largest tech platforms in the U.S., addressing topics such as mobile apps, advertising, merger review,…
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How Congress and the Federal Communications Commission Can Help Improve Affordable Internet Access to Underserved Populations
June 30, 2022 …
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The SEC’s Costly Power Grab
The concept known as environmental, social, and governance (ESG) investing has gained an increasingly high profile in recent years, with advocates producing a large volume…
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The High Costs of the Break Free from Plastic Pollution Act
Concerns about plastics waste in the world’s oceans have raised genuine issues about the impact of plastics on the environment. In response, Sen. Jeff Merkley…
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Why Carbon Taxes Are Anti-Growth, Anti-Consumer, and Politically Dangerous for Conservatives
A tax on carbon dioxide (CO2) emissions, contrary to its advocates’ claims, is a market-rigging policy, not a free market one. Its purpose is to…
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Ban Overboard: Exploring Solutions to Ocean Pollution
Heartbreaking photos and videos of wildlife harmed by plastics litter have rightly raised public concerns about plastics in the ocean. In response, state and local…
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The Immeasurable Benefits of Plastics to Humanity
It is popular these days for people to proclaim that they are giving up plastics. Just browse the Web and you will find all sorts…
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How Plastics Benefit Wildlife and the Environment
Several proposals designed to end America’s so-called addiction to plastics are currently pending in Congress. They include the Break-Free from Plastics Act (H.R. 2238, S.
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Preserving Section 230 Is Key to Maintaining the Free and Open Internet
Passed as part of the Telecommunications Decency Act of 1996, Section 230 was intended to clarify liability rules online and to encourage sites to create…
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The Protect the Right to Organize Act Empowers Unions at Workers’ Expense
View the Full Document as PDF The Protecting the Right to Organize (PRO) Act is touted by its supporters as advancing the rights…
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A Way Forward for Vaccination Passports
View Full Document as PDF Countries around the world have announced plans to implement vaccine passports—electronic or paper credentials that show the person…
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The Annual Percentage Rate Is the Wrong Metric for Assessing the Cost of a Short-Term Loan
Think calculating the cost of a loan is simple? Not under the longtime rules of the federal government and many states. Consider the following recent…
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Repeal of #NeverNeeded Regulations Can Help People Stay Home and Safe During the COVID-19 Crisis
As individuals and businesses continue to address the COVID-19 health crisis, access to technologies and services that have enabled large swaths of the economy to…
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Government-Run Payment Systems Are Unsafe at Any Speed
For people quarantining during the COVID-19 health crisis, electronic payments proved essential to obtaining needed supplies, from groceries to medicines, while maintaining social distancing and…
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How Repeal of #NeverNeeded Regulations Can Help Responses to the COVID-19 Crisis
A number of factors are combining to stress the American economy in the spring of 2020—the global and domestic effects of the COVID-19 pandemic, an…
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Federal Health Agencies’ Misleading Messaging on E-Cigarettes Threatens Public Health
The scientific community is increasingly unified in the assessment that e-cigarettes are vastly safer than smoking, help smokers quit, and are a net positive for…
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California Ride Share Contracting Legislation Is a Solution in Search of a Problem
California Governor Gavin Newsom signed Assembly Bill 5 (A.B. 5) into law on September 18, 2019.[1] The legislation, which generally takes effect…
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Union Time on the Taxpayer Dime
“Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning,” Justice Samuel Alito wrote in the majority opinion in Janus v…
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The Push to Raise the Legal Age to Buy Tobacco to 21 Has Little Basis in Fact
The notion that raising the tobacco purchasing age to 21 helps reduce adolescent smoking seems plausible enough. But there is little evidence in support of…
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How the Ex-Im Bank Enables Cronyism and Wastes Taxpayer Money
The U.S. Export-Import Bank (Ex-Im) is a federal agency that seeks to boost exports by private U.S. businesses. It pursues its mission through loan guarantees,…
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The Case against the Protecting the Right to Organize Act
The Protecting the Right to Organize Act of 2019 (H.R. 2474) would radically overhaul United States labor relations law to facilitate labor union organizing without…
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Modernizing the Passenger Facility Charge to Increase Airport Investment, Reduce Federal Spending, and Save Travelers Money
The passenger facility charge (PFC) is a congressionally authorized, federally regulated local airport user fee. The PFC exists alongside the Airport Improvement Program (AIP), a…
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What the Green New Deal Could Cost a Typical Family
In early 2019, a handful of progressive Democrats galvanized their party around a set of ideas that—even if only partially implemented—would restructure vast areas of…
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A Citizen’s Guide to Climate Change
Climate change is not a hoax, but as a political matter, it is a persistent pretext for expanding government control over the economy, redistributing wealth,…
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Transforming Surface Transportation Reauthorization
The United States Interstate Highway System serves as the backbone of American commerce and personal travel. Funded as a pay-as-you-go basis largely through federal excise…
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Cryptocurrency and the SEC’s Limitless Power Grab
Many questions are being asked about cryptocurrency. Is it a major innovation that will improve standards of living in ways we cannot yet imagine? Or…
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Anti-E-Cigarette Puritans Put Lives at Risk
Big tobacco companies were publicly pilloried when they were found to have misled the public about the dangers of their products. To this day, that…
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EPA’s Flawed IRIS Program Is Far from Gold Standard
Environmental activists claim that the U.S. Environmental Protection Agency’s Integrated Risk Information System (IRIS) represents the gold standard for risk assessment.[i] In…
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Will the Trump Fuel Economy Reform Proposal Create Deadly Air Pollution?
The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) have proposed to partially roll back the corporate average fuel economy…
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A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
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U.S. Should Stop Funding the International Agency for Research on Cancer
Numerous scientific bodies around the world, both public and private, attempt to assess the cancer-causing potential of various industrial chemicals. Ideally, those research programs should…
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“Whatever the Cost” of the Endangered Species Act, It’s Huge
For years, the snail darter, a little fish found in the upper Tennessee River basin, has been a symbol of the extraordinary regulatory power of…
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EPA Transparency Rule Will Bolster Science and Improve Rulemaking
Transparency is a cornerstone of the scientific process and a well-recognized goal long-extolled within the scientific community.