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Fintech and the Future of Consumer Finance
Everyone understands the need for access to credit. No matter how well we budget, we occasionally come up short due to an unexpected circumstance or expense—a…
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Costs of Regulatory Takings and Property Value Destruction
Takings issues noted here are just the beginning of government neglect of the institution of private property, notable especially in emergent sectors. But the disdain…
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This Week in Ridiculous Regulations
The federal government was on a four-day work week in honor of George Washington’s birthday, but agencies still found time to issue regulations ranging from…
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White House to Create President’s Commission on National Climate Security
The Washington Post obtained leaked Trump administration documents this week that reveal that the White House is preparing an executive order to create a President’s…
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More New England Natural Gas Pipelines Needed, But Unlikely
New England continues to struggle with barely-adequate electric reliability, especially during the region’s winter cold spells. This is due in large part to the retirements of…
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Say No to Trump’s Proposed Auto Tariffs
President Trump is mulling a tariff on automobiles. Joining a long list of people urging him against it is the Japanese auto industry. That opposition…
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VIDEO: You’ve Come a Long Way, Regulatory Reform
Our friends at the American Enterprise Institute are doing a great job leveraging their many decades of experience in Washington, D.C. They've been raiding their…
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Confusing Poll Clouds Public Perception of Trump Emergency Declaration
President Trump’s national emergency declaration is constitutional, as I explained in a recent op-ed in the Washington Examiner. That’s an important fact, because we trust…
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Real-World Effects of Pension Debt
Debates over public pension finance often have an abstract quality, taking place outside most people’s immediate concerns. Yet, the real-world effects can be quite tangible.
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Regulatory Costs and the Loss of Liberty
From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.
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This Week in Ridiculous Regulations
Congress and President Trump passed a spending bill to avoid another shutdown, but President Trump’s national emergency declaration over a non-emergency provides a troubling precedent…
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California’s Gov. Newsom Slams Brakes on California Bullet Train
California Governor Gavin Newsom (D) on February 12th unexpectedly slammed the brakes on the state’s high-speed rail project. The project “as currently planned, would cost too…
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Sen. McConnell Calls for Senate Vote on Green New Deal, Markey Calls ‘Sabotage’
Senate Majority Leader Mitch McConnell (R-KY) said on February 12th that he planned to schedule a vote on the Green New Deal Resolution in the near future using Rule…
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House Republican Committee Leaders Begin Caving on Climate Science and Policies
Reps. Greg Walden (R-OR) and Frank Lucas (R-OK), the ranking Republican members of the two committees with the most jurisdiction over climate science and energy-rationing…
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SEC Should Stop Coercing Brokers to Buy Data From Exchanges
There are many types of burdensome government mandates, but of all the Ten Thousand Commandments, regulations that coerce the purchase of a particular product or…
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Tim Carney on ‘Alienated America’
Our old friend (and former CEI Warren Brookes Journalism Fellow) Tim Carney has a new book out, “Alienated America: Why Some Places Thrive While Others…
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Appalachian Trail Should Not Block New Energy Development
The Department of Justice is pushing back against a federal court decision that could jeopardize the future availability and affordability of natural gas across America’s…
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Carbon Capture and Storage Not ‘Best System’ to Reduce Emissions
The U.S. Environmental Protection Agency yesterday held an all-day “listening session” at its Washington, D.C. headquarters on its proposal to revise the Obama administration’s new…
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Economics of Green New Deal: More Red Than Green
My colleagues have written elsewhere about the energy and environmental components of the “Green New Deal” proposals that have been enthusiastically agreed to by most…
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Unions Defend Job-Killing Regulation
A holdover Obama regulation is costing businesses billions of dollars and workers millions of job opportunities. A survey conducted by the International Franchise Association found…
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Setting the Record Straight on IRIS Reform Progress
The Competitive Enterprise Institute published my paper this week on the Environmental Protection Agency’s Integrated Risk Information System (IRIS). This is a research program that…
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Unmeasured Meta-Costs of the Administrative State
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discuss some of the…
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Ominous Parallels: Were AOC and LaRouche Secretly Working Together?
It seems like an odd coincidence that legendary American political cult figure Lyndon LaRouche would pass away the same week that the Green New Deal…
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Financial Services ‘Regulatory Sandbox’ Is Win for Consumers
The comment period on a critical new initiative to promote innovation in financial services from the Consumer Financial Protection Bureau closed this Monday. My colleague…
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Conservative Criticisms of Passenger Facility Charge Again Miss Mark
Our friends at the National Taxpayers Union (NTU) recently sent a letter to the House Committee on Transportation and Infrastructure in advance of a hearing…
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Green New Deal Launched with Support from Democratic Presidential Candidates
Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Edward Markey (D-MA) held a press conference outside the Capitol building on February 7th to introduce their House and Senate resolutions for a…
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Kids Climate Litigants Petition Court to Stop Fossil Fuel Development
Kelsey Juliana and her fellow litigants are the youngsters who, since 2015, have been suing the federal government to “prepare and implement an enforceable national remedial plan to…
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This Week in Ridiculous Regulations
The delayed State of the Union speech happened on Tuesday, but contained no surprises on the policy front. The length of the Federal Register doubled…
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Net Neutrality Regulation Still a Bad Idea
The debate at today’s House Committee on Energy and Commerce hearing was largely between making blocking, throttling, and fast lanes illegal and going further to…
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VIDEO: Operation Choke Point Sets Dangerous Precedent
Our friends at the Federalist Society have an interesting new video out on legal businesses being targeted for government harassment because their products have become politically…
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Amazon under Pressure to Accept Union
This week, New York City Mayor Bill de Blasio said Amazon employees should unionize, and that the company should welcome losing a direct line of…
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House Climate Hearing off to Bad Start
The newly-minted environment and climate change subcommittee of the House Energy and Commerce Committee will hold a hearing today titled “Time for Action: Addressing the Environmental…
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Administrative Procedure Act Limitations: Process and Oversight Shortcomings
The Administrative Procedure Act of 1946 (APA) set up the foundation of the public consultation rulemaking procedure. Part one of this two-part glance at APA…
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Fintech: A Bipartisan Priority for the 116th Congress
While the 115th Congress did not achieve all that was hoped for with regards to financial services reform, it did make important progress to achieving…
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This Week in Ridiculous Regulations
The Midwest froze, but the Federal Register began to heat up. As I predicted earlier, the first three post-shutdown editions were slow. Then Thursday’s edition…
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EPA’s Andrew Wheeler Appoints John Christy to Science Advisory Board
Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler on January 31st announced the appointment of some 29 experts to serve on the agency’s Science Advisory Board…
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Plastic Bag Ban Mania Will Do More Harm than Good
An anti-plastics craze has swept the country and the globe, prompting lawmakers to propose and impose bans on various plastic products—from straws to shopping bags…
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VIDEO: Thanos Was Wrong about Humanity
Our friends at the American Enterprise Institute have a great video series in which they explain important issues, each in only 60 seconds. A very-short format like this…
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Ninth Circuit Strikes Down Soda Labeling Ban for Wrong Reasons
This week the federal Ninth Circuit Court of Appeals held unconstitutional the size requirement in San Francisco’s soda warning labeling regulation. However, there are broader…
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Jobs Numbers Continue Generally Positive Trend
The latest jobs report from the Bureau of Labor Statistics suggest that the economy is continuing on a steady course, at least as far as…
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The Bicameral Congressional Trade Authority Act
This week Rep. Mike Gallagher (R-WI) introduced the Bicameral Congressional Trade Authority Act, which would reduce the president’s authority to unilaterally enact new tariffs by…
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Rep. Waters Reiterates Support for JOBS Act 3.0
In a major speech to a liberal group outlining her priorities as chairman of the House Financial Services Committee, Rep. Maxine Waters (D-CA) sharply criticized…
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A Brief Outline of Undisclosed Costs of Regulation
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the…
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Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
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The Shutdown Is Over: How Does that Affect Regulation?
During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains…
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Forecast: U.S. to Become Net Energy Exporter in 2020
The U.S. Energy Information Administration (EIA) expects the United States to become a net energy exporter in 2020. That is the “reference case” projection in…
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Agenda for the 116th Congress: Tech and Telecom
As technology and telecommunications evolve, new challenges inevitably arise for policy makers. New mandates or prohibitions should be avoided in all but the most exceptional…
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This Week in Ridiculous Regulations
The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule…
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Chuck Todd’s ‘Daily Show’ Comments Got It Wrong on the Climate Debate
Last night Chuck Todd went on “The Daily Show with Trevor Noah” and was asked about his announcement on a recent episode of “Meet the…
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Warren Wealth Tax Proposal Raises Constitutional Questions
Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little…
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VIDEO: Pacific Legal Foundation Stands up for Freedom of Falconry
Falconry has a long and noble heritage. During most of that time, however, it has been heavily regulated. In Medieval England, for example, only people…
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New Cable Franchise Rules to Benefit Consumers
In September of last year, the Federal Communications Commission issued a further notice of proposed rulemaking clarifying how the amount that cities are allowed to…
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Oregon Introduces Taxpayer-Funded Union Subsidy
Earlier this week, I took a look at legislation that has been enacted to undercut the Supreme Court’s decision last year in Janus v. AFSCME.
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CEI Leads Coalition in Support of Nationwide Road Usage Charge Pilot Program
Today, the Competitive Enterprise Institute sent a letter to Congress urging members to preserve and strengthen the users-pay/users-benefit highway funding principle and to establish a…
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Courts Should Protect Economic Liberty Rights As Originally Understood
The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this…
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What If Trump’s Regulations Exceed His Regulatory Rollback Savings?
President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?…
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Would a TSA Strike Force an End to the Shutdown?
As the current partial federal government shutdown drags on and many federal employees continue to go without pay, some pundits have suggested that one way…
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In Aftermath of ‘Janus’ Decision, Blue States Push Pro-Union Bills
Prior to the landmark Supreme Court decision in Janus v. AFSCME, government unions were already devising ways to keep members and dues flowing. In a…
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EPA’s Wheeler Responds to Renewable Fuel Standard Questions
The Senate Committee on Environment and Public Works held its confirmation hearing for acting Environmental Protection Agency Administrator Andrew Wheeler on January 16th. The Renewable Fuel…
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This Week in Ridiculous Regulations
Last week, people got worked up over hamburgers and a television commercial about razors. Meanwhile the partial federal shutdown continued, and a bill to introduce…
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Agenda for the 116th Congress: Banking and Finance
Perhaps one of the most under-appreciated aspects of our modern world is the fact that finance is fundamental to the operation of a free and…
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VIDEO: Lower Shipping Costs, Repeal the Jones Act
The Jones Act, originally passed in 1920, is a law that requires ships that service U.S. ports to be entirely U.S. owned and operated. This…
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Agenda for the 116th Congress: Trade
President Trump’s doubling of tariffs has already cost the economy almost 1.8 percentage points of growth. That means 2018’s 3.4 percent third quarter growth could…
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Agenda for the 116th Congress: Energy and Environment
Wealthier is healthier—and environmentally cleaner as well. Despite the fact that the most prosperous nations are also the cleanest, and that prosperity is best achieved…
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Brexit: The EU’s Gordian Knot Strangles May’s Government
When Rory Broomfield and I were examining the prospects for Britain leaving the European Union in 2014-16, we recognized that there was no easy way…
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Department of Justice Disregards Intent of Congress on Internet Gambling
Congress was not vague in its intent when it enacted the Wire Act in 1961. The law, developed and supported by then-Attorney General Robert Kennedy,…
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Supreme Court Should Review Oregon’s Discriminatory Fuel Pricing Rules
Last week, American fuel manufactures filed a petition to the U.S. Supreme Court asking them to review a lower court decision upholding an Oregon law…
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Time to Restore Traditional Joint-Employer Standard
This week the public comment period closes in regards to the National Labor Relations Board’s (NLRB) proposed rule to modify the standard for joint employment. This…
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Teachers Paid to Walk Off the Job?
The United Teachers Los Angeles (UTLA) union contract negotiations with the Los Angeles Unified School District (LAUSD) have broken down. UTLA president Alex Caputo-Pearl called…
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Agenda for the 116th Congress: Consumer Freedom
The second-to-last chapter in the Competitive Enterprise Institute’s agenda for the 116th Congress focuses on consumer freedom. Specifically, the chapter recommends ways Congress can rein…
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Eliminate Obsolete Patented and Proprietary Products Regulation
Today, I submitted comments to the Federal Highway Administration (FHWA) on behalf of CEI in response to a notice of proposed rulemaking on promoting innovation in…
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This Week in Ridiculous Regulations
On Saturday the partial government shutdown became the longest ever. The news cycle was wall-to-wall wall and shutdown coverage, though Rep. Sean Duffy (R-WI) introduced…
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Oregon Court Rebuffs Kids’ Climate Lawsuit
Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement…
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Green New Deal: 626 Groups Send Congress a Back-to-Dark Ages Manifesto
Six-hundred twenty-six organizations, some of them major environmental groups, sent a letter to Members of the House of Representatives on January 10th that details their demands for…
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VIDEO: What Beer Can Teach Us about Well-Crafted Laws
Our friends at the Federalist Society have released a fun and informative new short film on the history of beer and alcohol regulation. …
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Reject U.S. Reciprocal Trade Act’s Presidential Power Grab
A forthcoming bill, the U.S. Reciprocal Trade Act, written by “Death by China” coauthor Peter Navarro and other presidential advisers, seeks to expand the president’s…
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Agenda for the 116th Congress: Regulatory Reform
The first chapter in the new Competitive Enterprise Institute agenda for Congress, “Free to Prosper,” is on regulatory reform. Most of the Agenda is about reforming…
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Agenda for the 116th Congress: The Second Decade of Crypto-Blockchain
As cryptocurrency and the associated blockchain celebrate their tenth birthdays, CEI’s new “Free to Prosper” agenda for the 116th Congress aims to ensure bureaucratic red…
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Introducing a Free-Market Agenda for Accountability and Prosperity
The governance of American life has been handed over to an operating system that subtly and perversely drives individuals’ behavior away from their own decisions.
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The Legacy of Economist Harold Demsetz (1930-2019)
Economist Harold Demsetz, a Chicago school theorist who was one of the pioneers of the approach now called New Institutional Economics, had died. The former…
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Environmental Protection Agency Proposes Changes to Mercury Air Rule
On December 28th, the Environmental Protection Agency (EPA) proposed to rescind the Obama EPA’s justification for its 2012 Mercury Air Toxics Standards (MATS) rule. MATS…
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A Free-Market Agenda for the 116th Congress
After a contentious election season, we look forward to the nation’s elected representatives rolling up their sleeves and getting to work. Divided party control in…
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This Week in Ridiculous Regulations
Right now is a weird time for regulation. The shutdown has lasted for several business days, and the Federal Register has slowed to a trickle.
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Iconic NYC Bookstore Owner Pleads: Don’t Landmark My Property
Our friends at Reason have been following a fascinating story unfolding in New York City, in which a business owner is trying to fend off what many people would…
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Year in Review 2018: Consumer Financial Protection
2018 was a big year for the Consumer Financial Protection Bureau (also known, for a while, as the Bureau of Consumer Financial Protection). The past year…
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End of the Road for Net Neutrality Comeback Attempt
The end of the 115th Congress meant the end of using the Congressional Review Act to void the Federal Communication Commission’s repeal of Obama-era net…
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Great Jobs Numbers Don’t Assuage Trade War Worries
Today’s jobs numbers were a surprise to everyone—312,000 jobs added in December was almost twice the consensus view of economists of 176,000. Strong wage growth…
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What’s on Tap for Trade in 2019
At noon today, the 116th Congress convened. Over at Fox Business, Iain Murray and I look at what the coming year has in store for…
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The 2019 Unconstitutionality Index
Even in an administration attempting to cut regulation, the number of rules from hundreds of federal agencies (nobody really knows exactly how many) will vastly outstrip the…
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Trump’s 2018 Deregulatory Effort: 3,367 Rules, 68,082 Pages
At year-end 2018, how is President Donald Trump’s regulatory reform project going?…
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This Week in Ridiculous Regulations
The shutdown continued all through Christmas week. But because the Federal Register works on a few days lag for many of its publications, it still…
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Year in Review 2018: Climate Policy
The Trump administration this year took additional steps to dismantle key components of President Obama’s climate policy “legacy.” Supporting and guiding those efforts is a…
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VIDEO: What Qualifies as a ‘Water’ of the United States?
Our friends at the Regulatory Transparency Project have created a great new video to help explain the legal impact of the Clean Water Act and…
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An Executive Order to Shine Light on Dark Matter
Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it…
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Best Books of 2018: Clashing over Commerce
Douglas Irwin’s magnum opus, published at the end of 2017, is already a classic. Given the prominent role trade is playing in politics right now, it…
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Year in Review 2018: Internet Sales Tax
On June 21, 2018, in South Dakota v. Wayfair, the U.S. Supreme Court reversed fifty years of precedent by allowing states to collect sales taxes…
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This Week in Ridiculous Regulations
In an eventful week that included criminal justice reform, shutdown drama, and cabinet drama, this year’s new regulations exceeded 2017’s total with more than a…
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Year in Review 2018: Trade Policy
2018 was the year in which President Trump began to implement his campaign promises of using tariffs to change America’s trade policy. The ostensible reason…
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Best Books of 2018: Life after Google
Are Tucker Carlson’s predictions of Google taking over the future keeping you up at night? Sooth yourself with the creative destruction described in “Life after…
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Year in Review 2018: Antitrust
If 2018 was a bad year for antitrust skeptics, 2019 promises to be worse. We must hope that the Federal Trade Commission and Department of…