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Allen v. Dairy Farmers of America
What happens when class counsel wants to settle and the class representatives do not? Rule 23(a)(4) and the Constitution require adequate class representation before individual…
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CEI Podcast for July 24, 2014: Victory in Halbig v. Burwell
General Counsel Sam Kazman talks about what the Halbig decision means for the Affordable Care Act, as well as broader principles such as taxation…
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Fraud Rampant and Unpoliced on Obamacare Health Insurance Exchanges
Almost anyone can fraudulently obtain taxpayer subsidies to cover most of the cost of their health insurance on the Obamacare health insurance exchanges. That’s the…
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Uber, Regulation, and Free Markets
Libertarians are justifiably excited about the prospects of ridesharing companies such as Uber and equally justified in their disgust of regulators intent on preventing the…
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America’s Energy Advantage Dodges the Question
America’s Energy Advantage has responded to my July 1 post criticizing its stance on the Domestic Prosperity and Global Freedom Act. That bill would liberalize…
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Risky Public Pension Plans Unsafe for Taxpayers, Bad for Business Growth
In new analysis published by the Competitive Enterprise Institute, economist Robert Sarvis ranks states based on the severity of their unfunded pension liabilities, and explains…
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Happy There’s-No-Such-Thing-as-Junk-Food Day!
Whomever it is that decides the dates for the ever multiplying obscure holidays apparently designated today, July 21, as “Junk Food Day.” While the origin and…
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Red Tapeworm 2014: Federal Regulatory Agenda Consistently Tops 3,000 Rules
This is Part 19 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Did Former Labor Secretary Hilda Solis Violate the Hatch Act?
Sadly, but unsurprisingly, it appears that former Secretary of Labor Hilda Solis may have violated the Hatch Act—which prohibits federal employees from engaging in political…
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CEI’s Battered Business Bureau: The Week in Regulation
In addition to 100 final regulations, 62 proposed regulations made their way to the Federal Register last week.
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The Future of the Internet in America
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Labor and Employment Scorecard: Pension Smoothing as a “Pay-For” in Highway and Transportation Funding Act
On July 15, 2014, the Competitive Enterprise Institute (CEI) scored U.S. House of Representatives Roll Call Vote #414 on final passage of the Highway and…
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Red Tapeworm 2014: Federal Regulatory Disclosure Becomes More Confused
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Labor and Employment Scorecard: Pension Smoothing as a “Pay-For” in Highway and Transportation Funding Act
On July 15, 2014, the Competitive Enterprise Institute (CEI) scored U.S. House of Representatives Roll Call Vote #414 on final passage of the Highway and…
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Your Tax Dollars at Work: Justice Department Investigates Anti-Obama Parade Float
The Justice Department has responded to an anti-Obama float in a parade by treating it as a “discrimination dispute” necessitating federal intervention. One more…
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Ten Reasons to Abolish the Export-Import Bank
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CEI Podcast for July 15, 2014: Time to Close the Export-Import Bank
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Red Tapeworm 2014: When Regulations Get Delayed
I tend to think bureaucratic regulation often creates tremendous harm, so it’s interesting when those who disagree decide to hold off on regulation when it…
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FDA’s Trans Fat “Ban” a First Foray into Controlling Americans’ Diets
Last November, the Food and Drug Administration (FDA) announced its plan to revoke the “Generally Recognized As Safe” designation for partially hydrogenated oils (PHOs),…
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CEI’s Battered Business Bureau: The Week in Regulation
63 new regulations, from poultry plans to headaches. …
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Greece’s Mythical Government Austerity: Big Government Stifles Economic Recovery
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CEI Podcast for July 10, 2014: The Wire Act and Online Gambling
Michelle Minton argues that the Wire Act applies only to interstate sports gambling, not online gambling as a whole. The Wire Act's 50-year history…
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Letter to Chicago Lawyer Magazine
To the editor: Your June 2014 article “Cy pres success” contains a material misstatement of the…
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CEI Ranks States’ Pension Debt and Analyzes the Consequences
Today, the Competitive Enterprise Institute released the first installment of CEI’s new three-part series, The High Cost of Big Labor, which looks at the economic…
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Court Ruling Imminent in Challenge to Illegal Obamacare Exchange Subsidies
According to the explicit language in the Affordable Care Act, tax credits for purchasing federally-regulated health insurance on the “Obamacare” exchanges are only supposed…
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CEI Ranks States’ Pension Debt and Analyzes the Consequences
Today, the Competitive Enterprise Institute released the first installment of CEI’s new three-part series, The High Cost of Big Labor, which looks at the economic…
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Puerto Rico Governor Vetoes Workplace Bullying Bill Passed by Legislature
Puerto Rico’s economy has been in recession for years, and its public utilities are on the verge of defaulting on their debts. Judging from a recent …
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Cronyism and the Export-Import Bank
Over at Rare, I have a piece on the cronyism angle of the Export-Import Bank debate. The Senate will likely vote this on month on whether…
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Dodd-Frank Is Obamacare for Non-Health Insurance
“If you like your life, home, and auto insurance, you can keep them.” President Obama didn’t make this promise when he signed into law the…
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Amicus Brief to NLRB regarding Unionization of Collegiate Athletes
For the National Labor Relations Board’s full consideration of unionizing student athletes, I submitted an amicus brief opposing the regional director’s decision and direction of…
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Red Tapeworm 2014: Over 24,000 Pen and Phone “Public Notices” Annually
This is Part 16 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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The Left’s Labor Blind Spots
As you may have heard, U.S. Supreme Court Justice Samuel Alito handed public sector unions a minor defeat this Monday.
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CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the 4th of July holiday, but a busy one. Monday’s Federal Register topped 500 pages, and Tuesday alone saw 29…
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The American (Business) Revolution
On our nation’s 238th birthday, a flood of public events, political speeches, and TV specials will remind us of the courage of our colonial ancestors…
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New York Court Voids Cyberbullying Law, Thus Casting Doubt on Proposed Workplace Bullying Law
A law firm notes, “Since 2003, twenty-one states have introduced legislation to combat private workplace bullying but none have been passed into law.” However, a…
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End Taxpayer Funded Union Jobs
Phoenix ends annual multi-million dollar taxpayer subsidy to government unions.
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Red Tapeworm 2014: A Fourth of July Reflection on Presidental Executive Orders and Loss of Liberty
In other countries, similar edicts may be known as decrees, orders in council, or fiat. -Wikipedia This is a special July Fourth Edition…
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Celebrate Food Freedom this 4th of July
“If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a…
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Senator Vitter Follows Proud Tradition of Fighting Against Union Violence
On June 26, 2014, Senator Vitter introduced a bill S. 2535 to amend the federal extortion statute named the Hobbs Act. Senator Vitter is to…
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Obama Drives Up Tuition at Taxpayer Expense by Expanding Pay As You Earn Program
If you wanted to encourage wastefully run colleges to ratchet up their tuition at taxpayer expense, you couldn’t come up with a better way than the…
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Red Tapeworm 2014: The Expanding Code of Federal Regulations
This is Part 14 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
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Harris v. Quinn Gives Home Care Workers Renewed Opportunity to Get Back Compulsory Dues
When you can’t win, change the players. That was essentially the strategy pursued by government employee unions in recent years. This week, it came to…
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AEA’s Unprincipled Stand
Last Thursday the House of Representatives passed H.R. 6, the Domestic Prosperity and Global Freedom Act with a bipartisan vote of 266-150. The bill orders the…
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CEI Podcast for July 1, 2014: John Holdren’s Poor Data Quality Control
General Counsel Sam Kazman talks about presidential science advisor John Holdren's refusal to comply with the federal Data Quality Act when CEI questioned…
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Harris v. Quinn: A Human Interest Angle
The Harris v. Quinn decision today by the U.S. Supreme Court is a major human interest story.
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Red Tapeworm 2014: Cumulative Final Rules in the Federal Register
This is Part 13 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014 Edition)…
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Is Harris v. Quinn Decision Preview of Abood Challenge?
The U.S. Supreme Court’s decision in Harris v. Quinn puts a brake on an ongoing effort by organize labor to expand the definition of “public employee”…
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Is John Boehner’s Lawsuit the Best Way to Rein in the Executive Branch?
House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that…
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Harris v. Quinn: A Human Interest Angle
The Harris v. Quinn decision today by the U.S. Supreme Court is a major human interest story. Congratulations to Pam Harris and her son, Josh, and family…
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Alito’s Excellent Defense of “Corporate Personhood” in Hobby Lobby
The groundbreaking decision today in Burwell v. Hobby Lobby Stores, in which the Supreme Court ruled 5-4 that Obamacare’s contraception mandate violates the religious freedom of two closely…