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Small banks targeted as FDIC cracks down on technology partnerships
Earlier this week, Politico’s “Morning Money” column reported an astonishing finding that almost certainly points to politicization in enforcement by federal bank regulators. The…
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George Washington’s marvelous list of liberties and grievances
On the federal holiday on Monday and on his real birthday on Thursday, February 22, we celebrate the 292nd birthday of our nation’s first president,…
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CFPB Data Breach Shows Danger of its Attempted Power Grab Over Fintech
My friend Patrick Brenner, president of regional free-market think tank the Southwest Public Policy Institute, recently had a great op-ed at FoxNews.com on data…
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Don’t make crypto the electricity scapegoat
A radical new tax proposed by the Biden administration would make cryptocurrency mining the scapegoat for electricity usage. The so-called Digital Asset Mining Energy (DAME)…
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FTC replies to CEI in auto dealer rule, still full of hot, nitrogen-poor air
This week, the Federal Trade Commission issued its long-awaited, nearly-400 page nannyist final rule on auto and other motor vehicle dealers sales. The rule…
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Central banks are watching. Let’s watch them back.
One of the biggest dangers of a central bank digital currency (CBDC), I and others have warned, is that it would give a government that…
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Gensler SEC’s PDA rule would keep investors in the dark
Hailing one of his new mandates on entrepreneurs and investors, SEC Chairman Gary Gensler proclaimed, “In today’s fast-moving financial markets, it’s important that market…
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Bill banning Fed-controlled crypto a good first step, but Congress must do more for monetary freedom
On Wednesday, the US House Financial Services Committee is expected to vote on House Majority Whip Tom Emmer’s ‘‘CBDC Anti-Surveillance State Act,” aiming to prevent…
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America’s insurance commissioners still pursuing bad investment charges that EU is scrapping
Last month, a significant development took place in Europe that so far has not been widely reported in the US, even though it will likely…
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Why are America’s insurance commissioners trying to import harmful European rules?
With high prices and the threat of recession looming over America’s economy, another threat is emerging. Influential policymakers overseeing the U.S. insurance industry are on…
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Adam Smith, George Washington, and the invisible hand in America
Although Adam Smith would have been 300 this year, his birth date is unknown, and his baptism date has shifted from different dates in June…
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SPPI-TV hit: How price controls endanger small dollar loans, boost loan sharks
In my first media appearance from the sleek new CEI studios at our offices in Washington, DC, I joined a great panel on the May…
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New credit card late fee rule hurts folks who pay their bills on time
There has rightly been an outcry after the Federal Housing Finance Agency (FHFA), which sets policy for the government-sponsored enterprises (GSE) Fannie Mae and Freddie…
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FedNow Isn’t a CBDC, But Still Contains Many Dangers
Over the past few days, “FedNow” has been trending on Twitter in tweets that contain healthy doses of curiosity and skepticism, well-founded concerns about privacy…
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Finance Facts Trump Biden’s Blame Game on Banking Woes
Donald Trump dominated the news in more ways than one yesterday, as Biden officials attempted to place the Trump administration at the center of recent…
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The Many Harms of Unlimited Deposit Insurance
Unlimited deposit insurance – the government guaranteeing that bank accounts of any size be made whole-in the event of a bank failure – would create…
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The Risks of Bailing Out Silicon Valley Bank’s Uninsured Depositors and How to Make the Banking System Resilient
On Sunday evening, the Biden administration decided that all customers of the failed Silicon Valley Bank will have their millions and possibly billions in the…
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Fed Economist: Study Shows Danger of Government-Mandated Financial Misinformation
Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation The “Twitter Files” have made some shocking revelations about government entities…
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Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation
The “Twitter Files” have made some shocking revelations about government entities muscling social media companies to deplatform people in the name of preventing so-called…
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Hearing Shows Bipartisan Momentum for Focused Financial Deregulation
Last week, I had the honor and pleasure of testifying at the first hearing of the newly constituted Financial Institutions and Monetary Policy subcommittee…
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Berlau Crypto Letter and Comments in Wall Street Journal and Washington Examiner
This week, I have had the honor of being quoted in a great article on cryptocurrency trends and regulation in the Washington Examiner and having…
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The Deregulatory Pony for Small Biz Buried in the Omnibus Pile
There’s not much good to say about an “omnibus” bill crammed in at the end-of-year lame duck session of Congress that contains a grab bag…
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FTX Hearings Should Probe Fraud Charges and the SEC’s Misplaced Priorities
In the wake of the arrest of and charges of fraud against Sam Bankman-Fried, the disgraced founder and former CEO of the FTX…
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Why Choke Point Should Bar Gruenberg from Being FDIC Chair
Tomorrow morning, the Senate Banking Committee will hold a hearing on President Biden’s nomination of Marty Gruenberg to once again serve as Chair of the…
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Gensler Fiddled with ESG and Power Grabs while FTX Burned
When asked on CNBC about the implosion of crypto exchange FTX, Securities and Exchange Commission (SEC) Chairman Gary Gensler turned the focus away from the…
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Reining in Biden CFPB’s “Junk” Policies with Fifth Circuit Ruling
When the federal Fifth Circuit Court Appeals ruled last week, in Community Financial Services v. Consumer Financial Protection Bureau, that the funding structure of…
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Excerpts from Austin Keynote: How CBDCs Could Be the New Operation Choke Point
This week, I attended the exciting INFiN MoneyTrends conference in Austin, where I gave the Regulatory Keynote address on Monday. The conference is a…
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FTC Goes Back to Bad ‘70s Policies in Motor Vehicle Dealer Rule
Last night at CEI’s annual Julian L. Simon Memorial Award Dinner, CEI celebrated the 1970s—both the fashions and the deregulation toward the end of the…
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Paternalistic FTC Rule Would Stifle Consumer Choice in Auto Market
As if American drivers didn’t face enough headwinds with high gas prices, supply chain constraints, and state rules that may force them out of…
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Prominent Short Sellers Target ESG-themed Firms
For a long while, my CEI colleagues and I have touted the vital role that short sellers play in a free market economy. CEI Founder…
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Why Carried Interest Tax Hike Deserves to Die in IRA and Otherwise
The Inflation Reduction Act (referred to by critics such as Phil Kerpen as the Income Reduction Act) will likely be voted on in the…
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Defeat of Pot Banking Liberalization Will Lead to More Violent Crime and Reduced U.S. Competitiveness
It is beyond disappointing that Congress once again dropped the Secure and Fair Enforcement (SAFE) Banking Act—bipartisan legislation that would prevent the federal government from…
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Crypto Volatility Heightens with Panic-Driven Regulation
In reaction to the volatile events of the last few weeks, both the stock and cryptocurrency markets have taken a deep dive. While this downturn…
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George Washington, George Jarkesy, and the Administrative State’s Lack of Fundamental Justice
The recent ruling by the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC is a victory for limited constitutional government…
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Credit Union Liberalization Bill Clears Away Never-Needed Red Tape
When I testified last July at a high-profile hearing on financial inclusion, I urged members of the House Financial Services Committee to liberalize regulations…
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CEI Joins Groups in Telling SEC to Stay Away from Private Markets
It’s bad enough that Congress and the Securities and Exchange Commission (SEC) have made it so costly for smaller companies to go and stay public…
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Lisa Cook’s First Amendment Problem Should Concern Senators
As early as Tuesday, the U.S. Senate could vote on the nomination of Lisa Cook to be a governor of the Federal Reserve, along with…
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My Response to the CFPB’s “Junky” Regulatory Inquiry on Fees
In response to the Consumer Financial Protection Bureau’s (CFPB) “request for information” on what its Director Rohit Chopra has labeled as “junk fees” on financial…
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Celebrate Decade of JOBS Act as Deregulatory Success
10 years ago, a GOP-controlled House, a Democrat-controlled Senate, and a Democratic president came together to lighten the regulatory burden on America’s upstart job creators.
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Why Cannabis Banking Liberalization Would Indeed Increase U.S. Competitiveness
As war continues in the aftermath of Russia’s invasion of Ukraine, interest by policy makers and the media has spiked in competitiveness bills passed separately…
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George Washington, Larry David, Cryptocurrency, and Freedom
One of the most talked-about Super Bowl ads was that of Larry David traveling through history and naysaying innovations that turned out to be hugely…
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Lisa Cook’s First Amendment Problem
Today, the Senate Banking Committee is set to vote on five nominations for the Federal Reserve Board. My CEI colleague Myron Ebell and I have…
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New Mexico Should Reject Interest Rate Limit Base on Federal Mismeasurement
There is an old saying that “a lie can travel halfway around the world while the truth is still putting on its shoes.” It has…
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CFPB’s Dodd-Frank Race and Gender Data Collection Mandates Will Harm Financial Inclusion
In mid-2020, on the 10th anniversary of the Dodd-Frank financial overhaul being rammed through Congress and signed by then-President Obama, I catalogued the damage…
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Lenny Bruce, Capitalism vs. Communism, and Biden’s Banking Nominee
At the height of the Cold War in the 1960s, then-controversial comedian Lenny Bruce offered a surprising boost to the defense of capitalism over communism.
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“Stop Wall Street Looting Act” Would Empower Wall Street, Harm Main Street
Washington policies are often misnamed. Recent legislative proposals labeled “infrastructure” concerned not roads or bridges, but social spending. But sometimes, a bill in Congress…
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Reconciliation Bill Provision Threatens IRA Holders’ Investing Opportunities
A couple of weeks back, I commented, in a Competitive Enterprise Institute blog post, on a provision of the $3.5 trillion budget reconciliation bill…
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Proposed New Restrictions Threaten Opportunity for Middle Class Investors
While President Biden and Congressional Democrats have called for reining in big firms through antitrust and other punitive policies, a tax provision contrived by Congress…
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CEI Continues Fight for Cryptocurrency Freedom
Because the Senate failed to adopt the bipartisan Wyden-Lummis-Toomey amendment even after it was watered down, the infrastructure package’s cryptocurrency tax reporting provisions could destroy,…
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Senate Should Pass the Wyden-Lummis-Toomey Cryptocurrency Amendment
The Senate must adopt the bipartisan Wyden-Lummis-Toomey amendment to ensure that the infrastructure package’s cryptocurrency tax reporting provisions do not destroy, rather than help build,…
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Wisdom on the Interest-Rate Price Control Folly from John Stuart Mill to Thomas Sowell
Today, the Senate held a hearing entitled, “Protecting Americans from Debt Traps by Extending the Military’s 36% Interest Rate Cap to Everyone.” But the…
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Federal Interest Rate Cap and Overturning of “True Lender” Rule Threaten Credit Innovation
On May 11, the U.S. Senate passed a measure, which, though sold as stopping “predatory lenders,” would greatly limit access to credit from solid lenders…
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Biden’s Carried Interest Tax Would Force All Partnerships to Carry Big Burden
“The Biden administration and its allies excel at leveraging crises to expand government,” observes my CEI colleague Wayne Crews on the Biden “infrastructure” plan.
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Don’t Fear Crypto Dip; Fear Regulations that Will Harm America’s Cryptocurrency Lead
After a massive runup for the past few months, the cryptocurrency market experienced a slight dip over the past week and a half. This dip…
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New CEI Paper Revisits Viral Exchange on Payday Loan Rates by Katie Porter and Kathy Kraninger.
It’s not every day an exchange about a technical measurement for loans goes viral on social media. During a 2019 House Committee on Financial…
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Janet Yellen vs. Suze Orman on Bitcoin and Cryptocurrency
As Treasury Secretary Janet Yellen is testifying now before the House Financial Services Committee, she will likely get questions about the popularity of bitcoin…
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Young Investor’s Tragedy Should Not Cancel Robinhood and Other Fintech Investing Apps
Since the Gamestop-Reddit frenzy, the FinTech investing app Robinhood has taken a lot of arrows. Those who decried the stock market rallies blamed Robinhood for…
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Respect, Don’t Restrict, Retail Investors
Watching the wild gyrations of the stock market this week—and some of the reactions to it—brings to mind Ronald Reagan’s observations of the bureaucratic mindset…
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Treasury, FHFA Reverse ‘Net Worth Sweep” at Fannie and Freddie
The headlines yesterday were that the Trump administration had failed to exit Fannie Mae and Freddie Mac from the government-owned conservatorship. This is true…
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President Trump Should Waive Dodd-Frank Provision Harming Vaccine and Ventilator Production and Distribution
The announcement by Pfizer that the vaccine it is developing with German firm BioNTech may be 90 percent effective against COVID-19 is worth celebrating.
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Finally, a Fix for Fannie and Freddie
In my recent blog post on the 10th anniversary of Dodd-Frank, I lamented that while “this supposed ‘financial reform’ has caused harmful and sometimes…
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Tragedy of Young Investor Shouldn’t Be Exploited to Harm Freedoms
The recent death of Alexander Kearns, the 20-year-old day trader who took his own life, has sparked a conversation about the business practices of an increasingly important…
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Dodd-Frank Still Harmful After a Decade, But Modest Deregulation Has Helped
Dodd-Frank has caused harmful and sometimes disastrous effects for consumers, investors, entrepreneurs, and Main Street financial institutions such as community banks and credit unions. The…
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CFPB’s Kraninger Should Drop Navient Litigation in Light of Supreme Court Holding
CEI has praised Kathy Kraninger, director of the Consumer Financial Protection Bureau, for her many deregulatory initiatives that—in contrast to her predecessor, Richard Cordray—protect consumer…
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George Washington’s Fight (and Ours) against Regulation without Representation
Those who have followed CEI over the years know that one of our main grievances is “Regulation Without Representation.” The phrase—an apt description of laws…
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Why George Washington Shouldn’t Be Canceled
The father of our country is making news, but for disappointing reasons. Washington was trending on Twitter after his statue was toppled in Portland. A private…
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Fedcoin and FedNow are Dangerous and Unnecessary Expansions of Federal Reserve Power
To counter the financial damage from America’s national lockdown, the Federal Reserve has taken unprecedented stepsy. Most of these moves received grudging acceptance even from…
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My Answer to J.K. Rowling on What Cryptocurrency Is
To paraphrase a famous financial services commercial from the 1970s and 1980s, when J.K. Rowling asks, people answer. When the famed author of the Harry…
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SEC’s Shuttering of Fund Fees – #NeverNeeded and Never Authorized
Over the past month, CEI and others have pointed to #NeverNeeded regulations that are hindering our response to the COVID-19 pandemic and to economic dislocation.
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Modified Libra Cryptocurrency Still an Innovation, but Clear away Regulatory Barriers for More
Libra and other cryptocurrencies could serve functions other than initially imagined. The potential for faster payments from Libra and other cryptocurrencies, at a time when…
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How SEC Accounting Regulations Hindered National Stockpile—and Still May Be Doing So
In a new report, CEI experts outline #NeverNeeded regulations that are frustrating responses to the pandemic and its aftermath. Among those is an obscure Securities…
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Don’t Save Restaurants by Shafting Consumers
Restaurants are among the hardest—if not the hardest—hit of industries impacted by the COVID-19 pandemic. Like other industries, restaurants are lobbying Congress and state legislatures…
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Best Books of 2019: Year of Vindication for Mother of George Washington
August 25 of this past year was the 230th anniversary of the death of Mary Ball Washington, the mother of the first president of the…
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Consumer Financial Protection Bureau Should End Frivolous Student Loan Lawsuit
The efforts of Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger have gone a long way in reversing egregious Obama-era actions that plagued the agency,…
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In Praise of Pro-Consumer Tenure of Finance Regulator Kraninger
As she prepares to give her semi-annual testimony to Congress this week—on Wednesday to the House Financial Services Consumer Financial Protection Bureau and on Thursday…
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Feds: Gambling Fine, But Investing Too Risky
“In the risk reform debate, as in so many political debates, logic is often for losers.” So lamented Competitive Enterprise Institute founder and president emeritus…
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Debt Collectors Keep Credit Market Flowing
Debt collecting is a profession that gets little love, but given the social good done by debt collectors who operate ethically and follow the rules,…
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Defiance of Congress Melts Federal Reserve Credibility
In advance of his testimony yesterday before the House Financial Services Committee, Federal Reserve Chairman Jerome Powell was the subject of a front-page story in The…
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Facebook Libra Highlights Flaws of Fed Foray into Real-Time Payments
More than ten years after the pseudonymous Satoshi Nakamoto published the source code for Bitcoin, and after hundreds of other cryptocurrencies have been introduced, Facebook…
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SEC’s ‘Regulation Best Interest’ Respects Investor Choice
Today, the Securities and Exchange Commission approved final rules that comprise “Regulation Best Interest,” which will govern conduct of broker-dealers in their transactions with retail investors. Any…
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Don’t Let Credit Scoring Kerfuffle Compromise GSE Reform
Just when it seemed that reforming the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac was becoming a “third rail” that politicians did not want…
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Shed Light on Cryptocurrency ‘Dark Matter’ Regulation at SEC
A few days ago, the Trump administration issued a memorandum strongly discouraging what the Competitive Enterprise Institute’s Wayne Crews has called “regulatory dark matter.” The…
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Lyft and the ‘Cheers’ IPOs: How Overregulation Leaves Middle-Class Investors Behind
After much anticipation, Lyft finally went public today, opening on NASDAQ at $87.24 per share—well above its initial public offering price of $72. Lyft’s market…
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SEC Should Stop Coercing Brokers to Buy Data From Exchanges
There are many types of burdensome government mandates, but of all the Ten Thousand Commandments, regulations that coerce the purchase of a particular product or…
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Rep. Waters Reiterates Support for JOBS Act 3.0
In a major speech to a liberal group outlining her priorities as chairman of the House Financial Services Committee, Rep. Maxine Waters (D-CA) sharply criticized…
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Agenda for the 116th Congress: The Second Decade of Crypto-Blockchain
As cryptocurrency and the associated blockchain celebrate their tenth birthdays, CEI’s new “Free to Prosper” agenda for the 116th Congress aims to ensure bureaucratic red…
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Year in Review 2018: Operation Choke Point
Every Halloween, there exists the temptation for commentators to describe routine events in the news with adjectives like “scary” and “frightening.” Sensitive to sounding clichéd…
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Best Books of 2018: Judicial Fortitude
My pick for one of the best books of this year is “Judicial Fortitude: The Last Chance to Rein in the Administrative State” (Encounter Books,…
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Lame Duck Session Should Undo Crippling Rules on Middle-Class Investors and Entrepreneurs
Next year, with Congress divided once again, bipartisan legislation will be the order of the day. Indeed for passage of both chambers, it will be…
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Supreme Court Should Decide if Bureau of Consumer Financial Protection Is Unconstitutional
Today, the Competitive Enterprise Institute is asking the Supreme Court to hear the lawsuit we filed challenging the constitutionality of the Bureau of Consumer Financial…
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Confirm Kraninger, Rein in Bureau of Consumer Financial Protection
Today, the Senate Banking Committee will likely vote to send the nomination of Kathleen Kraninger for director of the Bureau of Consumer Financial Protection to…
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Elizabeth Warren’s Hypocrisy on Financial Regulation: Part 1
As far as politicians’ transgressions go, I usually don’t get that riled up about hypocrisy. In the course of voting on and debating so many…
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Securities and Exchange Commission Bests Labor Department ‘Fiduciary Rule,’ But Still Adds Red Tape
In March, the Fifth Circuit Court of Appeals killed the Obama administration’s “fiduciary rule,” a prime example of the “bureaucrats know best” type of…
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Federal Charters May Remove Interest Rate Uncertainty for Fintech Firms
The July 31 policy statement by the Office of the Comptroller of the Currency (OCC) announcing that it will now grant “special purpose national…
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In U.S. and Australia, Payment Card Price Controls Create Many Unhappy Returns
Eight years ago this month, the Democrat-controlled House and Senate passed and President Barack Obama signed into law the so-called Dodd-Frank Wall Street Reform and…
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Trump Reorg Plan One Step Forward, Two Steps Back on Fannie Mae and Freddie Mac
My colleagues Trey Kovacs and Iain Murray and, in Forbes, Wayne Crews, give mixed reviews to President Trump’s long-awaited executive branch reorganization…
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Last Chance for the 115th: Unshackle Middle-Class Investors and Entrepreneurs
Congress and President Trump recently gave Main Street banks and credit unions some much-need but still modest relief from the mountains of red tape stemming…
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Cut Red Tape So Middle-Class Investors Can Soar with Next Amazon
Today is the 21st anniversary of the initial public offering of a little company called Amazon. Yes, today Amazon is a behemoth, a supposed…
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Consumer Financial Protection Bureau Targets True Rights Violations with Wells Fargo Fine
After being attacked repeatedly for supposedly being soft on Wall Street and the “big banks,” Acting Consumer Financial Protection Bureau Director Mick Mulvaney was part…
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Implement AEI-Heritage-R Street GSE Plan AND Honor Shareholder Contracts
It is welcome news that our friends from the American Enterprise Institute, Heritage Foundation, and the R Street Institute put forth a plan this week…