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OpenMarket: Regulatory Reform

  • Uber-Attorney Bert Rein to Guest Blog on Federal Preemption Case

    February 13, 2009
    Back in November, I wrote about the pending Supreme Court case Wyeth v. Levine, the decision in which will have a huge impact on the pharmaceutical industry and the law of federal preemption. I am happy to announce that Bert has agreed to contribute a few guest blog posts to Open Market discussing the importance of this case.
  • What unlimited government means to you.

    February 13, 2009
    Ran across this excerpt from a Wall Street Journal piece that I thought I'd pass along. And this was before the Anti-Stimulus added heft to Washington:
    A long line of judge-made law since the Supreme Court's New Deal era decision in Wickard v. Filburn (1942) says there is almost no limit, under the commerce clause of the Constitution, to the regulatory reach of the federal government. Thus, a united president and Congress can, as a practical matter, do all or any of the following (plus much more): take your money and give it to someone else; tell businesses what to produce and sell, who to hire and what wages to pay; set all commodity, wholesale and retail prices; control all energy supplies, communication networks and...
  • Coming to a Pharmacy Near You: One Size Fits All

    February 12, 2009
    Tucked away in the stimulus bill is $1.1 billion to fund a new agency modeled after the UK’s NICE, which has repeatedly denied Brits access to breakthrough drugs for life-threatening conditions. Think that can't happen here? Think again, because it already has.
  • "Porkulus" has no relation to economic recovery; But other reforms do.

    February 12, 2009
    Today CEI and other free-enterprise analysts and advocates are making one last pitch to stop the anti-stimulus package that President Obama is likely to sign tomorrow. In this weblog and elsewere we've often noted that the stimulus package, like those in decades past, is unrelated to economic recovery and serves other ends of career politicians, many of whom haven't paid for so much as a potato with money they've earned or "created" in the private sector. Moreover, the uncertainty generated by every new "rescue" announcement from DC is starting to look downright diabolical, almost as if creating pandemonium and market confusion were an end in itself. Anyway, we've called for wealth-creating...
  • Iain Murray on the Anti-Stimulus

    February 12, 2009
    On behalf of my distinguished colleague Iain Murray, who is busy speaking at a very important press conference this morning, let me present his prepared remarks on the impending stimulus bill:
    Remarks of Iain Murray, Director of Projects and Analysis, Competitive Enterprise Institute Good morning. Others have already told you what an unutterable waste of money this so-called stimulus package is. I just want to make two points. First, that the American people have been misled about the nature of the bill, and been sold a pig in a poke. Second, that if you really want to stimulate economic activity, there is a very simple way to do it that doesn’t cost a penny; we call it “liberate to stimulate.” The American people were told...
  • Environmental Policies Kill - Again!

    February 11, 2009
    One of the main themes of my book, The Really Inconvenient Truths, is that misguided environmental policies often lead to humanitarian and environmental disaster. We've just seen another example in Australia, where fires have claimed many lives. Distraught survivors are certain they know at least part of the reason why the fires were able to do so:
    During question time at a packed community meeting in Arthurs Creek on Melbourne's northern fringe, Warwick Spooner — whose mother Marilyn and brother Damien perished along with their home in the Strathewen blaze — criticised the Nillumbik council for the...
  • Sirius XM Bankruptcy: Thank Washington for the Delay

    February 10, 2009
    Sirius XM Satellite Radio—the company born from the merger of Sirius Satelllite Radio and XM Satellite Radio—has "been working with advisers to prepare for a possible bankruptcy filing," according to the New York Times. Some may say that Sirius XM was never a fit business to begin with—many of their new subscribers came from the bundling of  subscriptions into the sale of new automobiles—but it's hard to say what might have been had federal regulators not delayed the merger for 18 months and then added insult to injury by subjecting them to seemingly arbitrary restrictions. My colleagues Wayne Crews and Ryan Young wrote about this last year at Real Clear Markets noting the conditions that the merged company...
  • Stimulus Package Shrinks Economy, Expands Welfare Rolls

    February 10, 2009
    The Stimulus Package passed by the Senate will encourage people to stop working and go on welfare, undermining the 1996 welfare reform law by rewarding states that expand their welfare rolls. The stimulus package will also reduce the size of the economy within a decade, as the burdens of servicing the vast amount of national debt produced by the stimulus package stifle economic growth. That's the...
  • Championing Economic Liberty in a Time of Crisis

    February 10, 2009
    From CEI’s Agenda for Congress: Fred Smith, President and Founder of CEI on the economic crisis, the threat of bad policies, and the real change that’s needed in Washington.
  • Geithner's "bad bank" is a big bad idea: fix bad mark-to-market accounting instead

    February 10, 2009
    The Obama's administration $1 trillion plus bank bailout plan -- on top of the $800 billion stimulus that just passed the Senate -- will explode the national debt and rob from future generations while doing little about the tightening of credit and valuation of toxic assets. Like the Bush administration, the Obama team balked at doing anything substantial to provide relief from the mark-to-market accounting mandates that prominent liberals and conservatives agree are spreading the credit contagion. Despite my hopes that Treasury Secretary Geithner 's plan would offer a change to mark-to-market rules we can believe in, as rumored in the financial press last week, the plan turns out to be "more of the same" Bush-Paulson big spending and big government bailout. As knowledgeable observers from conservative...


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