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OpenMarket: Law and Constitution

  • 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.
  • VIDEO: Cheers to Food Truck Freedom

    May 17, 2019
    Congratulations to mobile food vendors Benny Diaz and Brian Peffer—and their attorneys at the Institute for Justice—for scoring a victory for freedom of food commerce in the Sunshine State. Thanks to an IJ legal challenge that began last year, it is now legal to operate a food truck in Fort Pierce, Florida.
  • VIDEO: Report Card on Regulatory Reform

    May 10, 2019
    Earlier this week I had the good fortune to spend some time at the historic Mayflower hotel here in Washington, D.C. attending the Federalist Society’s 7th Annual Executive Branch Review conference. Organizers had assembled an impressive array of government officials and legal experts to present on and debate the state of the nation’s Article II governance.
  • Breaking up and Regulating Facebook: Unfair, Un-American, Unacceptable

    May 9, 2019
    Facebook co-founder Chris Hughes, former publisher of The New Republic, argues in a long essay for The New York Times that the company should be broken up and regulated, and indeed that this would be the “American” thing to do.
  • Don't Let Facebook Team up with Big Government to Censor the Web

    May 7, 2019
    Facebook’s expulsion of several controversial figures from its platform last week is an example of a company managing its own private property to what it believes are the best ends. But Facebook CEO Mark Zuckerberg threatens to undermine Facebook’s property rights if governments heed his call for replacing these private judgment calls with national and global government diktats determining what is and is not acceptable speech.
  • VIDEO: Government Should Not Regulate Social Media Content

    April 26, 2019
    Trends in social media have rocketed to the top of the national political agenda recently, whether in the desire of Sen. Elizabeth Warren (D-MA) to break up Facebook, claims that Twitter is practicing viewpoint discrimination against conservatives, or worries people trying to capture the perfect Instagram selfie are being eaten by bears.
  • New Civil Liberties Alliance Sounds Alarm on Unconstitutional Government

    April 25, 2019
    The New Civil Liberties Alliance hosted a very interesting event this week, as part of its “Lunch and Law” speaker series, featuring remarks by Hudson Institute Distinguished Fellow Chris DeMuth and American Enterprise Institute Senior Fellow Peter Wallison.
  • Reformed Consumer Financial Protection Bureau Can Be Free-Market Regulator

    April 18, 2019
    Earlier this week, The New York Times Magazine rolled out another edition of the tired old trope of how former acting Director Mick Mulvaney “destroyed” the Consumer Financial Protection Bureau. This accusation is by no means new, and I have challenged it in the past.
  • Union Membership Post-Janus

    April 8, 2019
    It has been difficult to gauge the impact of the landmark Supreme Court decision in Janus v. AFSCME. In this ruling, the Supreme Court held that forcing non-members to pay fees to a union as a condition of employment is a violation of the First Amendment. Predictions on the fallout from Janus ran the gamut. Some predicted a mass exodus, while other believed few public workers would resign their membership.

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