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Congress Must Decide How to Choose Between Courts and Agency Adjudication
For some time, the Securities and Exchange Commission (SEC) has had a choice of prosecutorial forums. It has been able to choose between prosecuting violators…
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EEOC Nominee Kalpana Thinks Transparency Is an Important Value, Less Clear on Need to Abide by It
The Equal Employment Opportunity Commission may become a lot less accountable in its decision making than it was under the Trump administration should President Biden’s…
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Banning Menthol Cigarettes Will Do Nothing to Promote Racial Justice
Public support for the War on Drugs has never been lower, due in no small part to increased awareness about the devastation drug criminalization…
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Trade, Mission Creep, and the Indo-Pacific Economic Framework
President Biden announced this week a major economic agreement with a dozen countries in the Indo-Pacific region, to be called the Indo-Pacific Economic Framework…
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Court Tells NLRB Sometimes a Joke Is In Fact a Joke
In a significant win for common sense, a federal appeals court has found that sometimes a joke is just a joke, even when it…
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This Week in Ridiculous Regulations
The government’s Disinformation Board was ended before it began. President Biden invoked the Defense Production Act to address the baby formula shortage. The…
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Fifth Circuit Upholds the Right to A Jury Trial Against the SEC
John Thomas Financial CEO Thomas Belesis was riding high, having been awarded the 2011 Businessman of the Year Award from the New York Republicans. While…
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Baby Formula and Regulatory Failure
A lot of people are blaming free markets for the baby formula shortage. As the economist Jagdish Bhagwati might say, the problem with this is…
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Ten Terrible Tech Bills from the 117th Congress: Banning Surveillance Advertising Act of 2022
DuckDuckGo is a success story. Launched in 2008, the online search engine has centered its product around privacy. In short, they “don’t collect or…
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Let’s Not Allow Davis-Bacon to Further Clog Job Arteries
The Biden administration is proposing to make government contracting even more expensive by revamping the Davis-Bacon Act. This law requires that related workers on…
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Ten Terrible Tech Bills from the 117th Congress: ACCESS Act
AOL Instant Messenger (AIM), launched in 1997, was arguably the first social media platform, reaching over 36 million users by 2001. The Federal Trade…
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Credit Union Liberalization Bill Clears Away Never-Needed Red Tape
When I testified last July at a high-profile hearing on financial inclusion, I urged members of the House Financial Services Committee to liberalize regulations…
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This Week in Ridiculous Regulations
Inflation remained high at 8.3 percent and Federal Reserve Chair Jerome Powell was confirmed to a second term. A baby formula shortage is exposing the…
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Ten Terrible Tech Bills from the 117th Congress: Ending Platform Monopolies Act
Imagine shopping for a bicycle. You decide on a Trek bike after evaluating the options, user reviews, and specifications. The bicycle is delivered but without…
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This Week’s Civil Forfeiture Outrages: Do People Facing Forfeiture Get Due Process?
A high-profile reversal of a recent civil forfeiture case makes me wonder: Do those who face civil forfeiture generally receive due process of law? That…
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Terra Troubles Should Not Spur Stablecoin Regulation
The crypto market is suffering a severe correction. One asset feeling the pinch is LUNA, which, along with its related nonprofit the Luna Foundation Guard…
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House Staffers Can Now Unionize
The House of Representatives on Tuesday approved, for the first time ever, allowing congressional staff to form unions. This will be an interesting experiment. How…
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Ten Terrible Tech Bills from the 117th Congress: Filter Bubble Transparency Act
In Book VII of Plato’s Republic, Socrates introduces his allegory of the cave. Prisoners are chained in an underground cavern since birth. Their necks are…
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Act Now! The Bipartisan Innovation Act Is a Reminder of the Urgent Need for a Bold National Elevator Plan
President Biden on numerous occasions of late has complained about the miracle that one can simply drive to a McDonald’s in rural areas and…
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What Is Core Inflation?
The new inflation numbers are out, and they aren’t pretty. The Consumer Price Index (CPI) went up 0.3 percent during April, and is up…
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Biden’s Inflation Speech: Top Domestic Priority
President Biden gave remarks on Tuesday declaring inflation his top domestic priority. Like many people, he seems not to understand that inflation is a…
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A Brief Outline of a Regulatory Report Card Congress Should Enact
Measure what is measurable, and make measurable what is not so. — Quote frequently attributed to Galileo, that, alas, probably was not…
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Ten Terrible Tech Bills from the 117th Congress: Platform Competition and Opportunity Act
Tech startups are thriving. The COVID-19 pandemic and the corresponding government response created unique problems for facilitating communication, goods, and services. Fortunately, tech innovation helped…
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U.S. to Lift Tariffs against Ukraine for One Year: China Next?
In 2018, President Trump enacted a 25 percent tariff on Ukrainian steel, on what he claimed were national security grounds. They remained in place throughout…
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Countries Move Forward with CBDCs Despite Public Mistrust
New research from the Bank for International Settlements (BIS) reveals that countries are plowing ahead with central bank digital currencies (CBDCs) despite little public…
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CEI Joins Groups in Telling SEC to Stay Away from Private Markets
It’s bad enough that Congress and the Securities and Exchange Commission (SEC) have made it so costly for smaller companies to go and stay public…
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This Week in Ridiculous Regulations
The Federal Reserve took another small step to tamping down inflation, and the latest jobs report had mixed news. Agencies issued new regulations ranging…
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Ten Terrible Tech Bills from the 117th Congress: EARN IT Act
There is no shortage of legislation addressing Section 230 of the Communications Decency Act introduced in the 117th Congress, with some legislators seeking to amend…
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Environmental and Social Factors in Investing too Vague for Legal Definitions
Recently, Securities and Exchange Commission (SEC) chairman Gary Gensler released a video explaining his concerns about investment products that market themselves using terms like…
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Fed Hikes Interest Rate: Bigger News on Bond Portfolio Mostly Neglected
The Fed this week announced a half percentage point hike in its federal funds rate. This is the right thing to do, but it…
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Ten Terrible Tech Bills from the 117th Congress: Prohibiting Anti-Competitive Mergers Act of 2022
Mergers are on Congress’ mind, clearly. Legislation aimed at increasing both the powers and budgets of antitrust enforcers are plentiful, with technology companies being the…
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How Biden’s “Building a Better America” Agenda Consolidates Permanent Federal Power
Biden’s “Building a Better America” is not about building America, but rather about spending to fatten an already overfed central government with a…
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Ten Terrible Tech Bills from the 117th Congress: Open App Markets Act
Congress has an unhealthy fixation with app stores—and Congress isn’t alone. Both government and private parties filed antitrust lawsuits last year against the largest…
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Unions Are Getting Smarter by Returning to Old-School Organizing Tactics
A new wave of union activism has swept the country in recent months with workers at Starbucks, Amazon, and even Apple pushing to organize. The…
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This Week in Ridiculous Regulations
The economy shrank at an annualized 1.4 percent pace in the first quarter of 2022. The Department of Homeland Security announced a new “…
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Ten Terrible Tech Bills from the 117th Congress: American Innovation and Choice Online Act
As Congress enters its final weeks before the midterm elections, many expect a late push to pass legislation targeting the largest technology companies. Dozens of…
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The DHS “Disinformation Governance Board” Needs to Be Dismantled
In recent months, an escalation of various forms of federal surveillance has become apparent. That’s bad enough, but the trend is rendered more problematic…
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Sorting Out Some Confusion on Trade and GDP
While inflation is the biggest economic problem right now, trade policy is another reason why GDP shrank last quarter. It is also a common…
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GDP Shrinks: The Good and the Bad
The advance estimate for 2022’s first quarter gross domestic product (GDP) is in, and the news is not good. Adjusting for inflation, GDP shrank…
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A Bad Day for Incandescent Light Bulbs – and Freedom of Choice
Consumers are better off with choices, and worse off when federal regulators step in and take them away. That’s the best way to view today’s…
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Crypto and Crowdfunding Could Spur U.S. Economy
Crypto and equity crowdfunding (Reg CF) are two relatively new concepts that are combining to create new economic models that could overtake current economic paradigms.
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SEC’s War on Crypto Savers Continues
Securities and Exchange Commission (SEC) Chairman Gary Gensler claims he is “animated every day” to protect working families through securities laws. It’s a nice…
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Lisa Cook’s First Amendment Problem Should Concern Senators
As early as Tuesday, the U.S. Senate could vote on the nomination of Lisa Cook to be a governor of the Federal Reserve, along with…
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CEI Comments Explain Why FERC’s Greenhouse Gas Regulatory Policy Cannot Pass a Cost-Benefit Test
Today, the Competitive Enterprise Institute (CEI) filed comments on the Federal Energy Regulatory Commission’s (FERC) proposal to consider climate change impacts in reviews…
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Elon vs. the Regulators
A $43 billion sale of Twitter to Elon Musk looks more and more like a done deal. Depending on who you ask, Musk will…
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This Week in Ridiculous Regulations
Air travelers no longer have to wear masks, although the decision is being appealed. Having solved all of the state’s other problems, Florida Republicans passed…
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My Response to the CFPB’s “Junky” Regulatory Inquiry on Fees
In response to the Consumer Financial Protection Bureau’s (CFPB) “request for information” on what its Director Rohit Chopra has labeled as “junk fees” on financial…
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Protecting Pensions from Politicized Mismanagement
Recently the American Legislative Exchange Council (ALEC), an organization of state legislators from across the country, unveiled model legislation aimed at protecting the retirement…
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Peer Review for Thee but Not for Me
In February 2017, the Competitive Enterprise Institute petitioned the Environmental Protection Agency (EPA) to reconsider the 2009 Greenhouse Gas Endangerment Finding. CEI explained in detail…
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The Flipside of Earth Day
If I wanted America to fail,To follow, not lead,To suffer, not prosperTo despair, not dreamI’d start with energy.I’d cut off America’s supply…