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A One-Stop Executive Order 13891 Guidance Document Portal
If agencies are required to compile and list all their sub-regulatory guidance documents and post, link and consistently index them on a portal, can we…
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A Partial Inventory of Federal Agency Guidance Documents Before Trump’s Official Compendium Comes Due
Reporting on "regulatory dark matter" is still falling short.
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Sugarplums or Lumps of Coal? White House’s 192 Big Rules in Pipeline Herald More Regulation than Deregulation
No matter the presidential administration, every year there are thousands of federal rules and regulations compared to a relative handful of laws passed by Congress.
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What Regulations Did Trump Administration Add in 2019?
The Trump administration recently issued “Regulatory Reform Results for Fiscal Year 2019.” This is its fiscal year 2019 status update on the one-in, two-out directive initiated in Executive…
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What Regulations Did the Trump Administration Eliminate in 2019?
The Trump administration has issued its fiscal year 2019 status update on one-in, two-out. It’s called “Regulatory Reform Results for Fiscal Year 2019.” According to…
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Trump Regulatory Reform Agenda By the Numbers: End of One-In, Two-Out?
The Trump administration has released the Fall 2019 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions. Late and incomplete compared to the last…
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The Unmeasured Costs of Federal Agency Liberation from Congress, Self-Funding, and Permanence
In considering the overall costs of regulation, little attention is given to the intractability of the administrative state itself. Congress shows little appetite for restraining…
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Deep State Guide to Resisting Trump’s Executive Orders on Guidance Document Abuse
Competitive Enterprise Institute founder and “despairing optimist” Fred L. Smith, Jr. lamented to me once: “It’s so hard to centrally plan deregulation!”…
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Costs of Economic Distortions Caused by ‘Ordinary’ Federal Spending, Subsidies, and Stimulus
While routine ground-level federal spending is less glamorous than interventionist national agendas, socialization of properties and resources, or economic “stimulus” and “big science” crusades, the…
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Costs of Government Steering by Direct Ownership or Control of Resources
If one thinks government ought to run a sector of the economy (single-payer health care, education, retirement, energy), then almost by definition that individual would…
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Vast Regulatory Costs of Top-Down National Plans, Agendas, and Legislative Schemes
If government steers in some societal, industrial, or sector-specific endeavor via top-down national plans, agendas, or legislative schemes, it can generate ongoing regulatory costs even…
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Unknown Societal Costs of Imposing Regulation Based on Secret (or Creatively Leveraged) Data
From the food pyramid and dietary guidelines, to vaping policies, to the Progressive zeal for eugenics, humility-challenged administrative experts can be mistaken, can mislead, or…
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Where Facebook Interim Report on Bias Falls Short
Today former U.S. Senator Jon Kyl (R-AZ), in fulfillment of an arrangement with Facebook, released an independent Interim Report (and accompanying op-ed) cataloging the primary concerns of…
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Cataloging Regulatory Costs of Cronyism and Rent-Seeking in a Self-Interested Administrative State
Rent-seeking as a policy concern has been done to death: It’s been described over and over how regulation is often not about elevating the public…
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Is White House ‘Guidance on Compliance with the Congressional Review Act’ Restraining Agency Rulemaking?
At a time of trillion dollar runaway peacetime deficits, big-spenders can take smug comfort knowing that regulation is even less disciplined, especially where ostensibly sub-regulatory…
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Costs of Deadweight Effects of Federal Spending and of ‘Budget’ or ‘Transfer’ Rules
Theoretically, policymakers distinguish between economic and social regulation when examining and reporting on costs, effects, and employment.
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Regulations Trump Administration Has Eliminated So Far in 2019
The Trump administration promised to roll back red tape. So how goes 2019? The 2019 Spring Unified Agenda of Deregulatory and Regulatory Actions released by the…
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Will Antitrust End Trump’s Deregulatory Push?
Revelations that antitrust enforcers have conspired to divide jurisdiction and initiate antitrust investigations into Google and Apple (the U.S. Department of Justice) and Amazon and…
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Regulatory Costs of Anti-Property Approaches to Environmental Concerns
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…
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Costs of Loss of Anonymity in Administrative Surveillance State
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…
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Regulatory Costs of Blurring Corporate and Government Roles
In keeping with the tradition of ignoring political failure in service of the administrative state, the economic and social effects of GSEs, or government-sponsored enterprises,…
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Costs of Antitrust Regulation and Institutionalization of Raising Competitors’ Costs
Antitrust policy is corporate welfare, a prominent illustration of how regulation, not just spending, enables and encourages transfers of wealth by force.
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Costs of Unequal Treatment of Citizens by Abandoning Negative Rights for a Positive Rights Framework
To many classical liberals (or libertarians), it is primarily the individual’s right of self-defense that is delegated to a government. We cannot unilaterally commence the…
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Facebook’s Call for Regulation Could Lead to Government Censorship
The Internet is unique in history not because it lacked “rules” about free expression, but that it expanded that broadcast freedom to all, not just…
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Regulation and Neglected Costs of Authoritarianism and Over-Criminalization
Corrupt government and authoritarianism have been the historical rule rather than the exception. The U.S. Constitution’s elevation of individual rights and restraints on governmental power…
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Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators
The administrative state, blessed by Congress, has dispensed with the Founders’ system of legislation fashioned solely by an elected body. Regulatory reforms call for holding…
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The Regulatory Costs of Abandoned Federalism
The deterioration of the principle of separation of powers is a signature feature of the powerful federal Administrative State. This corrosion is accompanied by 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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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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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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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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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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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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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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What Regulations Has the Trump Administration Eliminated So Far?
The fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions just appeared today. Notably, this is the first time the fall…
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Ditch Antitrust Regulation in Favor of Competing Bigness
The Federal Trade Commission (born in 1914, fathered by Woodrow Wilson) is hosting a series of hearings and discussions on “Competition and Consumer Protection…
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Federal Regulatory Cost Disclosure Reports Latest Ever
Why does it need to be such a headache to get timely reports on the costs and benefits of federal regulation? Government spends and it regulates.
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Real Sin for Social Media Companies Not ‘Censorship,’ but Getting into Bed with Government
Social media outlets have been filled with commentary this week about the decisions by Apple, Facebook, YouTube, and Spotify to remove content created by…
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European Regulators Wrong on Google Fine, Wrong on Antitrust Policy
Dominance and popularity are not the same as a coercive monopoly. The European Commission is behaving in protectionist fashion, not in a manner benefitting consumers,…
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Trump Maintains a One-In, Five-Out Pace for Rules and Regulations
How many deregulatory actions have been taken so far in the Trump administration? Along with 16 congressional “resolutions of disapproval” of existing Obama-era regulations—another…
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Federal Deregulation Can Exceed What Gets Reported in Unified Agenda
In tracking the Trump administration’s regulatory vs. deregulatory actions, there can be discrepancy between the official Unified Agenda compilation (the tally that’s been around…
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Did You Hear the One about the Entrepreneur?
When putting together a chapter on entrepreneurship and regulation for the Fraser Institute’s new book “Demographics and Entrepreneurship: Mitigating the Effects of an Aging…
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Trump Administration Regulatory Agenda Released
Today the Trump administration released the Spring 2018 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
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Zuckerberg Testimony Hints at Devil’s Bargain with Big Government
Much of the political class in Washington, D.C. is currently holding its breath for the big event of the week: Facebook CEO Mark Zuckerberg’s long-awaited…
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Next Steps in Facebook Privacy Fallout
Privacy policies at Facebook—and, by extension, other major online platforms—have sparked furious debate in recent days because of the revelations regarding…
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Rumors of Nationalized 5G Point to Need for Reform of Existing Networks
Consumers will suffer from government efforts to create a nationalized 5G telecommunications network, and the rumoured plan to move in that direction needs to be …
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State of the Less Regulated Union: 6 Ways Trump Has Cut Red Tape
Rollbacks of federal regulation are a main element of the Trump administration’s economic recipe and deserve credit. It’s highly likely that the loosening of red…
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Antitrust Resurgence Could Transform Tech Innovators into Lumbering Public Utilities
Regulation in the technology sector is worse than government merely picking winners and losers.