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OpenMarket: Regulatory Reform

  • 'Gundy' Decision Could Signal Fundamental Reform of Administrative State

    June 26, 2019
    It is hard to describe how important the Supreme Court decision last week in Gundy v. United States is. In one sense, nothing changed—no case was overturned, no new law was made, and Mr. Gundy is still going to jail. But in another way, the Gundy ruling suggests that the way our government works will be substantially changed towards greater democratic involvement.
  • Costs of Deadweight Effects of Federal Spending and of 'Budget' or 'Transfer' Rules

    June 26, 2019
    Theoretically, policymakers distinguish between economic and social regulation when examining and reporting on costs, effects, and employment.
  • Guidance Documents of the Week

    June 24, 2019
    Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going through the notice-and-public comment period required of most regulations. Agencies are also supposed to submit many of these documents to Congress and the Government Accounting Office (GAO), as well as Office of Information and Regulatory Affairs.
  • This Week in Ridiculous Regulations

    June 24, 2019
    Wednesday, the day before the Competitive Enterprise Institute’s 35th anniversary gala dinner, saw no new final regulations published in the Federal Register. This may be the first non-shutdown Federal Register issue with no new rules since this blog series began tracking such things in 2012 or so. Even so, the 2019 Federal Register is poised to break 30,000 pages this week. Meanwhile, agencies published new regulations ranging from Blazing Paddles to cotton warehouses.
  • Australia Needs an Administrative Procedure Act

    June 21, 2019
    In the United States, there is an intellectual movement going on the likes of which have not been seen in nearly a century. The administrative state, otherwise known as the “headless fourth branch of government,” is in a legitimacy crisis. Its very foundations are being challenged on multiple fronts.
  • For Better Policy, Congress Should Stop Punting to Executive Agencies

    June 19, 2019
    Yesterday the Federalist Society’s Regulatory Transparency Project and Article I Initiative hosted a fascinating panel discussion here in Washington, D.C. about the dynamic relationship between Congress and federal regulatory agencies. Panelists assembled in the National Press Club to discuss a new law review article by Prof. Donald Kochan of Chapman University titled “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress.”
  • This Week in Ridiculous Regulations  

    June 17, 2019
    Last week, a Canadian team won the NBA championship for the first time, while an American team won the Stanley Cup. This week brings us the Competitive Enterprise Institute 35th Anniversary Dinner and Reception. Meanwhile, agencies published new regulations ranging from Segelflugzeugbau to e-cigarettes.
  • This Week in Ridiculous Regulations

    June 10, 2019
    While the administration is so far keeping to its one-in, two-out policy for proposed rules, new trade and antitrust policies are likely to increase net burdens by billions of dollars. The nation also celebrated National Donut Day, a Competitive Enterprise Institute favorite. Meanwhile, agencies published new regulations ranging from video calls to flying to Cuba.
  • Regulations Trump Administration Has Eliminated So Far in 2019

    June 4, 2019
    The Trump administration promised to roll back red tape. So how goes 2019? The 2019 Spring Unified Agenda of Deregulatory and Regulatory Actions released by the White House Office of Management and Budget gives some idea. It’s easier to stop producing red tape than to roll back what’s there already.
  • Will Antitrust End Trump's Deregulatory Push?

    June 3, 2019
    Revelations that antitrust enforcers have conspired to divide jurisdiction and initiate antitrust investigations into Google and Apple (the U.S. Department of Justice) and Amazon and Facebook (the Federal Trade Commission) could well cement the end of Donald Trump claiming the mantle of a deregulatory president.


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