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OpenMarket: January 2019

  • VIDEO: Pacific Legal Foundation Stands up for Freedom of Falconry

    January 25, 2019
    Falconry has a long and noble heritage. During most of that time, however, it has been heavily regulated. In Medieval England, for example, only people belonging to certain social classes were allowed to keep and hunt with bird of prey, and certain species of birds were considered appropriate only for holders of certain noble titles. Though we in the present-day United States may live in a far more egalitarian society, the practice of falconry still comes with onerous rules. The new video below from the Pacific Legal Foundation explains a lawsuit they are pursing to challenge those restrictions.
  • New Cable Franchise Rules to Benefit Consumers

    January 24, 2019
    In September of last year, the Federal Communications Commission issued a further notice of proposed rulemaking clarifying how the amount that cities are allowed to charge cable companies in franchise fees is calculated. If these changes are adopted, it will be much to the benefit of consumers.
  • Oregon Introduces Taxpayer-Funded Union Subsidy

    January 24, 2019
    Earlier this week, I took a look at legislation that has been enacted to undercut the Supreme Court’s decision last year in Janus v. AFSCME. Unfortunately, state legislatures are just getting started. Today, I’ll examine a bill introduced in Oregon.
  • CEI Leads Coalition in Support of Nationwide Road Usage Charge Pilot Program

    January 24, 2019
    Today, the Competitive Enterprise Institute sent a letter to Congress urging members to preserve and strengthen the users-pay/users-benefit highway funding principle and to establish a nationwide, interoperable mileage-based user fee pilot program.
  • Courts Should Protect Economic Liberty Rights As Originally Understood

    January 23, 2019
    The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this mean? Does “liberty” only mean not being imprisoned, as some people have claimed, or is it far broader than that? In a new post on the Federalist Society’s blog, I argue that liberty, as originally understood by our Founders, was far broader than lack of imprisonment.
  • What If Trump's Regulations Exceed His Regulatory Rollback Savings?

    January 23, 2019
    President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?
  • Would a TSA Strike Force an End to the Shutdown?

    January 22, 2019
    As the current partial federal government shutdown drags on and many federal employees continue to go without pay, some pundits have suggested that one way to end the shutdown is for Transportation Security Administration employees to strike.
  • In Aftermath of 'Janus' Decision, Blue States Push Pro-Union Bills

    January 22, 2019
    Prior to the landmark Supreme Court decision in Janus v. AFSCME, government unions were already devising ways to keep members and dues flowing. In a previous post, I discussed some of the ideas that the National Education Association put forth to lessen the impact of a potential Supreme Court decision that ruled forced union dues unconstitutional.
  • EPA's Wheeler Responds to Renewable Fuel Standard Questions

    January 22, 2019
    The Senate Committee on Environment and Public Works held its confirmation hearing for acting Environmental Protection Agency Administrator Andrew Wheeler on January 16th. The Renewable Fuel Standard (RFS) was a significant part of the discussion. Several corn-belt senators—Joni Ernst (R-IA), Mike Rounds (R-SD), and Tammy Duckworth (D-IL)—focused particularly on two RFS issues: year-round sales of E-15 and small refinery exemptions. Both sought administrative changes by EPA that would favor corn growers and ethanol producers.
  • This Week in Ridiculous Regulations

    January 21, 2019
    Last week, people got worked up over hamburgers and a television commercial about razors. Meanwhile the partial federal shutdown continued, and a bill to introduce a $15 federal minimum wage was introduced. Tuesday’s one-page Federal Register may have set a record for brevity, with just one agency notice and no new regulations. Regulations that did appear during the week range from Chinese archaeology to Rolls-Royce engines.

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