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OpenMarket: Regulatory Reform

  • 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.
  • This Week in Ridiculous Regulations   

    June 3, 2019
    President Trump threatened a new tariff on all Mexican goods, potentially scuttling the NAFTA/USMCA agreement. My colleague Wayne Crews went through the new Spring 2019 Unified Agenda and found 3,791 new regulations in the pipeline, and the 2019 Federal Register surpassed 25,000 pages. Meanwhile, during a four-day week due to Memorial Day, rulemaking agencies published new regulations ranging from anchovies to inertia locking devices.
  • This Week in Ridiculous Regulations   

    May 27, 2019
    The number of new final regulations this year topped 1,000 last Tuesday, and President Trump and Congress entered Memorial Day weekend at odds on issues ranging from infrastructure to the renegotiated NAFTA/USMCA trade agreement. Meanwhile, rulemaking agencies marked the unofficial start of summer with new regulations ranging from temporary safety zones to potato handling.
  • Regulatory Costs of Anti-Property Approaches to Environmental Concerns

    May 23, 2019
    Environmental regulations transfer substantial wealth and can be subject to the same political failure and regulatory pork-barreling that characterize economic regulation—perhaps more so, given the international scale of control sought, and some of the movement’s anti-market roots.  
  • Costs of Loss of Anonymity in Administrative Surveillance State

    May 22, 2019
    The ability of citizens to communicate privately and to retain anonymity if desired are foundational rights slipping away in the regulatory panopticon of the administrative state.

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