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OpenMarket: January 2019

  • Brexit: The EU's Gordian Knot Strangles May's Government

    January 16, 2019
    When Rory Broomfield and I were examining the prospects for Britain leaving the European Union in 2014-16, we recognized that there was no easy way out. No off-the-shelf solution existed apart from the “Norway model,” which suffered from much the same problems that full membership of the EU inflicted upon Britain. Britain had become so entangled in the EU system that it amounted to a Gordian Knot incapable of being unraveled.
  • Department of Justice Disregards Intent of Congress on Internet Gambling

    January 16, 2019
    Congress was not vague in its intent when it enacted the Wire Act in 1961. The law, developed and supported by then-Attorney General Robert Kennedy, was never meant to establish new prohibitions on any type of gambling. Rather, it was designed to provide federal enforcement support for illegal interstate sports gambling or, as a House Judiciary report in 1961 put it, to “assist the various States and the District of Columbia in the enforcement of their laws pertaining to gambling, bookmaking, and like offenses…”
  • Supreme Court Should Review Oregon's Discriminatory Fuel Pricing Rules

    January 16, 2019
    Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law which the manufacturers say was designed to inappropriately favor Oregon businesses and which regulates activities that occur entirely outside of the state. CEI has previously commented on the absurdity of the lower court decision when it was issued.
  • Time to Restore Traditional Joint-Employer Standard

    January 15, 2019
    This week the public comment period closes in regards to the National Labor Relations Board’s (NLRB) proposed rule to modify the standard for joint employment. This concept determines when multiple employers are considered one for the purposes of collective bargaining and liable for unfair labor practices under the National Labor Relations Act.
  • Teachers Paid to Walk Off the Job?

    January 15, 2019
    The United Teachers Los Angeles (UTLA) union contract negotiations with the Los Angeles Unified School District (LAUSD) have broken down. UTLA president Alex Caputo-Pearl called the contract offer from the school district “unacceptable.”
  • Agenda for the 116th Congress: Consumer Freedom

    January 15, 2019
    The second-to-last chapter in the Competitive Enterprise Institute’s agenda for the 116th Congress focuses on consumer freedom. Specifically, the chapter recommends ways Congress can rein in federal agencies from infringing on adults’ right to decide how they spend their money and what they put in their own bodies.
  • Eliminate Obsolete Patented and Proprietary Products Regulation

    January 14, 2019
    Today, I submitted comments to the Federal Highway Administration (FHWA) on behalf of CEI in response to a notice of proposed rulemaking on promoting innovation in the use of patented and proprietary products. This may sound like an esoteric transportation regulatory issue, but it has very serious real-world implications.
  • This Week in Ridiculous Regulations

    January 14, 2019
    On Saturday the partial government shutdown became the longest ever. The news cycle was wall-to-wall wall and shutdown coverage, though Rep. Sean Duffy (R-WI) introduced a misguided bill to expand presidential tariff-making authority. The week’s 69-page Federal Register contained just one final regulation, 26 agency notices, and 2 presidential documents. For context, a typical day consists of a dozen or so new regulations and about 270 pages. The lone new regulation from last week concerns Alaskan fishing.
  • Oregon Court Rebuffs Kids' Climate Lawsuit

    January 11, 2019
    Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement a climate change mitigation program. 
  • Green New Deal: 626 Groups Send Congress a Back-to-Dark Ages Manifesto

    January 11, 2019
    Six-hundred twenty-six organizations, some of them major environmental groups, sent a letter to Members of the House of Representatives on January 10th that details their demands for what must and must not be included in a Green New Deal. The list is a doozy, but is no more radical than much of the rhetoric coming from Rep. Alexandria Ocasio-Cortez (D-NY) and her freshman allies in Congress.

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