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OpenMarket: June 2010

  • LibertyWeek 99: Sarbanes-Oxley Smackdown

    June 29, 2010
    Richard Morrison and Marc Scribner welcome special guests Sam Kazman and Berin Szoka to Episode 99 of the LibertyWeek podcast. We start with the case of Free Enterprise Fund v. Public Company Accounting Oversight Board. We continue with an interview with tech analyst Berin Szoka.
  • CEI's Supreme Court Oscar Speech

    June 29, 2010
    CEI won a significant victory yesterday in Free Enterprise Fund v. Public Company Accounting Oversight Board, the first Supreme Court case to which we served as co-counsel. The Court held the lack of removal power for PCAOB members to be unconstitutional and opened up an avenue of litigation for entrepreneurs to challenge its current rules and disciplinary actions under the Sarbanes-Oxley Act that created it. Many people made this victory possible. So here is our "Oscar speech" that tries to thank each of them. (Note to Academy Awards buffs: There is one major difference. There is nothing to be read in those whom we left out. It's just that there are so many countless...
  • President Obama to push U.S.-Korea FTA

    June 28, 2010
    Economic reality is beginning to take the place of anti-trade rhetoric on the U.S.-South Korea Free Trade Agreement, which has been on hold since it was signed three years ago.  Today, the Wall Street Journal reported that President Obama has said he will resolve issues relating to beef and autos for the November G-20 meeting in Seoul and then push for ratification of the FTA soon after. According to the U.S. Trade Representative, that would be good news for the still-faltering economy.  It is estimated that Korea under the FTA would be reducing tariffs and quotas on goods and services, with goods alone adding "$10 billion to $12 billion to annual U.S. Gross Domestic Product and around $10 billion to annual...
  • Bio Jet Fuel -- the Real $600 Toilet Seat?

    June 28, 2010
    The custom-designed $600 toilet seat for P-3C Orion antisubmarine aircraft -- often depicted as the epitome of government waste -- is an urban legend. The "seat" was actually a plastic molding that fitted over the entire seat, tank, and toilet assembly, for which the contractor charged the Navy $100 apiece. However, in the subsidy-driven world of biofuels, government can flush lots of your tax dollars down the gurgler. DOD's Quadrenniel Defense Review Report (QDR) crows that in 2009, the Navy "tested an F/A-18  engine on camelina-based biofuel" (pp. 87-88). Camelina is a non-edible plant in the mustard family. On Earth Day 2010, an F/A-18 taking off from the Warfare Center in Patuxent River, Maryland, became the first aircraft to "...
  • Liquor store privatization on tap in WA

    June 25, 2010
    In Washington state's November election ballot will have a very interesting twist: dueling initiatives to privatize the state-run liquor stores: Washington Privatize State Liquor Stores Initiative 1100 and the Washington Revise State Liquor Laws Initiative 1105. The first, initiative 1100 would:
    direct the liquor control board to close all state liquor stores; terminate contracts with private stores selling liquor; and authorize the state to issue licenses that allow spirits (hard liquor) to be sold, distributed, and imported by private parties. It would repeal uniform pricing and certain other requirements governing business operations for distributors and producers of beer and wine. Stores that held contracts to sell spirits could convert to liquor retailer licenses.
    On June 23rd supporters of the initiative...
  • CEI Weekly: Kozinski Brings Down the House at CEI's Annual Dinner

    June 25, 2010
    CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the press coverage surrounding CEI's 26th annual dinner, including Judge Alex Kozinski's keynote speech.
  • Life Imitates The Simpsons - again

    June 25, 2010
    The Politico reports that Sen. Harry Reid (D.-NV) has hit on a new scheme for passing the chronically unpopular climate legislation that has been languishing since the House passed the Waxman-Markey bill over a year ago.  He's going to attach it to a bill to impose restrictions on drilling:
    The Democratic leader’s floor plan addresses a growing desire by the Obama administration to take swift action on any legislation that could prevent a future disaster like the Gulf Coast oil spill. Republicans who once would have resisted legislation that would impose new safety and environmental restrictions on the oil industry are now lining up in favor of such measures, in part to avoid being seen in the same light as Rep. Joe Barton, the Texas Republican who drew intense pressure from his...
  • Good reporting, bad reporting

    June 25, 2010
    Compare and contrast the excellent analysis of's Dan Fisher with the shallow softball St. Louis Business Journal on the A.G. Edwards case—though the latter coaxes from Robert Blitz of Blitz Bardgett and Deutsch an admission that his lawsuit would have been deemed meritless if it had been in federal court.
  • Regulation of the Day 143: Your Bedtime

    June 24, 2010
    In Japan, your bedtime is official government business.
  • Ninth Circuit appeal in Bluetooth - reply brief

    June 24, 2010
    CCAF filed its reply brief in the Bluetooth case yesterday.


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