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ACLU Blasts Federal Bank Regulators for Unconstitutional Power Grab
Unaccountable agencies unsurprisingly behave in an unaccountable manner. The Consumer Financial Protection Bureau (CFPB) was recently found by a Federal court to be so unaccountable…
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CEI-Led Coalition Urges Congress to Defend Railroad Deregulation
Today, a coalition of free market groups led by CEI sent letters to Senate Commerce Committee and House Transportation and Infrastructure Committee leaders urging them…
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Meet the Stars of “I, Whiskey”
CEI’s new film I, Whiskey: The Human Spirit is about freedom and innovation, but also about making human connections in the marketplace.
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Volkswagen “Clean Diesel” Settlement Prioritizes Attorneys’ Interests Over Harmed Consumers
Today the U.S. District Court for the Northern District of California approved a settlement in the Volkswagen Clean Diesel MDL that puts the interests of…
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Maine’s Proposed Minimum Wage Increase Has Tradeoffs
Maine is one of several states with a minimum wage increase on the election ballot this year, along with several cities and other smaller jurisdictions.
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Former Pennsylvania Attorney General Kathleen Kane Sentenced to Prison
ABC’s Channel 27 reports that “Former Pennsylvania Attorney General Kathleen Kane has been sentenced to 10 to 23 months in prison for leaking grand jury…
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Dueling Narratives on the AT&T-Time Warner “Mega Merger”
This weekend AT&T and Time Warner announced a merger deal and it didn't take long for critics on the left to begin making concerned statements…
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RealClear Radio Hour: The Spirit of 1776 and the Reality of War
In this episode, West Point Professor, Dr. Robert McDonald discusses Thomas Jefferson’s legacy and renowned collector and founder of the Museum of World War II,…
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This Week in Ridiculous Regulations
The number of new federal regulations passed the 3,000 mark last week, and the Federal Register continues its record pace.
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Federal Judge Rules That EPA Must Account for Job Losses of Its Regulations
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Negotiators in Kigali Agree To Turn Montreal Protocol into a Climate Treaty
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The Vintage Blue Truck and the Human Spirit
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Self-Driving Car Developers Blast Dangerous Draft California Regulations
Today, the California Department of Motor Vehicles held a public workshop on its latest draft deployment regulations for autonomous vehicles.
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Unfunded Public Pension Obligations Grow to $5.6 Trillion
State public pension plans are underfunded by nearly $5.6 trillion nationwide, according to a new American Legislative Exchange Council (ALEC) study.
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Communications Union Holds Sham Trial against Verizon Workers
In April, the Communication Workers of America (CWA) union ordered 36,000 Verizon employees to strike. Despite the fact that Verizon offered a fair deal in…
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Three Ways the Next President Can Help America Out
At this moment, it’s likely the presidential candidates are busy preparing for the third and final debate tonight.
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How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’
Implement a “Do Not Regulate” Office to Clarify Economic Liberalization Alternatives to, and Explicit Exit Strategies from, Command and Control Rules.
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Global Warming Concerns ‘Not a Blank Check’ for Clean Power Plan
The D.C. Circuit Court of Appeals last week released a 320-page transcript of the September 27th oral argument on EPA’s carbon dioxide (CO2) emission standards…
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This Week in Ridiculous Regulations
Federal regulators enjoyed a short work week due to Columbus Day, but still published more than 1,300 Federal Register pages with new regulations ranging from…
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FDA Taking Public Comment on Ill-Advised Sodium Reduction Plan
The Food and Drug Administration wants to help Americans lower sodium intake to reduce rates of hypertension and associated problems like heart disease, stroke, and…
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RealClear Radio Hour: American Cuisine and Whiskey
This week on RealClear Radio Hour, Paul Freedman and Rick Wasmund treat us to delicious courses of American cuisine and whiskey.
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White House Stalling Regulation Report Until after Election?
Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…
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WARNING: BPA Warning Labels Threaten Public Health
The state of California has extended an emergency rule that allows companies to wait until January 2017 before placing a warning on the label of…
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Due Process for My Cronies, But Not For You
The concept of “mens rea” – or requiring proof of a “guilty mind” – helps protect due process in a world where people are subject…
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Air Traffic Control Reform in Election Season
House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.) is facing Democratic candidate Art Halvorson in the general election.
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The Inspiration Behind the New Film “I, Whiskey”
I think it can be said all films have an unexpected Genesis, an unlikely, improbable trajectory. I, Whiskey was no exception.
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New Study Explores the Morality and Virtues of Capitalism
Fred Smith's new study on the morality of capitalism discusses how we think about corporations as economic actors.
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Proposed Labor Law Overhaul Would Decrease Worker Choice, Increase Union Power
The Center for American Progress (CAP) released a report that calls for an overhaul of U.S. labor law. It cites increasing income inequality and dwindling…
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Back Freedom in the Czech Republic
Here at CEI we are big fans of Czech classical liberals. We published former Czech President Vaclav Klaus’s excellent book on environmental policy,…
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Facebook Makes the Case for “Free Basics” Internet Access
Facebook is lobbying the White House for the government’s blessing to offer its “Free Basics” service in the United States, according to a story reported…
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Early Reviews Are in for “I, Whiskey”
The long wait is over – CEI has released the full version of the new film I, Whiskey: The Human Spirit online.
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Federal Register Tops 70,000 Pages, Headed for a Major Record
There’s no measure of regulation worse than counting Federal Register pages. But on the other hand, the bureaucracies aren’t exactly bending over backward to disclose…
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RealClear Radio Hour: Transcending Bipartisanship, Money, and Politics
In this episode of RealClear Radio Hour, Avik Roy outlines his strategy for bipartisan health care reform and Lee Goodman laments the increasing political attacks…
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This Week in Ridiculous Regulations
The Federal Register will crack the 70,000-page barrier early this week. New rules found in last week’s 2,000-plus pages range from foreign cars to beetles.
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The Film That Came before “I, Whiskey”
Next Wednesday, October 12th, CEI will release the new short film I, Whiskey: The Human Spirit.
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Clean Power Plan Oral Argument: Will Limited Government Survive the Age of Global Warming?
It’s now 10 days since the D.C. Court of Appeals heard oral argument on EPA’s carbon dioxide (CO2) emission performance standards for existing fossil-fuel power…
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Legal Vulnerabilities of EPA Power Plan’s Prerequisite Regulation
Washington is still abuzz about the D.C. Circuit Court of Appeals oral argument last week on the Environmental Protection Agency’s carbon dioxide (CO2) emission standards…
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Regulators Target Payday Loans, But Put Borrowers in a Bind
Payday loans are a form of small-dollar, short-term credit used by lower- and middle-income consumers, principally to enable them to withstand expense shocks and to…
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How a New President Can Roll Back Bureaucracy, Part 12: Acknowledge and Minimize Indirect Costs
This is the 12th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
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Does Climate Change Cause an Additional 140,000 Deaths a Year?
In a recent Washington Post op-ed, environmental researcher Bjorn Lomborg calls on the next president to “get our priorities straight” on climate change. A…
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How a New President Can Roll Back Bureaucracy, Part 11: Analyze “Transfer” Costs
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Government’s Speech Double Standards
Thanks to overbearing government, there are huge double standards when it comes to free speech. Rulings of the National Labor Relations Board (NLRB) force employers…
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How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations
This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
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Export-Import Bank Supporters Dealt Setback in Congress
The Export-Import Bank’s supporters and beneficiaries very nearly scored a major victory last week. Ex-Im, as it’s called for short, was shut down for about…
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Free Market Allies Challenge Legality of EPA’s Clean Energy Incentive Program
On behalf of policy analysts from 13 non-profit free-market organizations and seven independent scholars, I have submitted a joint comment letter…
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This Week in Ridiculous Regulations
It was a busy week, with Friday’s Federal Register alone containing 52 final regulations and 809 pages.
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RealClear Radio Hour: Big Science with Jeremy Berg and Daniel Sarewitz
This week on RealClear Radio Hour, Drs. Jeremy Berg and Daniel Sarewitz discuss the politics and culture of Big Science.
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Join the National “I, Whiskey” Watch Party
Please join us and other friends nationwide on October 19th for a viewing of the new short film I, Whiskey: The Human Spirit.
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Federal Communications Commission Delays Vote on Cable Box Rules
How would the proposed rules change cable set-top boxes?…
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How a New President Can Roll Back Bureaucracy, Part 9: Improve Classification of Major Rules
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Congress’s Aversion to Power Undercuts Constitutional Safegaurds
A foundational principle behind the structure of the U.S. government, as provided by the Constitution, is that human beings are power hungry.
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Senate Democrats Block Zika Bill, for the Fourth Time
Three times in the past, Senate Democrats blocked a bill that would have provided funding to fight Zika, and suspended certain regulations (it would have…
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How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
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What President Obama Will Not Tell Leonardo DiCaprio About Climate Policy
“President Obama will meet with actor Leonardo DiCaprio at an upcoming White House-sponsored arts festival to discuss the dangers posed by climate change,” the Washington…
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House Considers Bill Delaying Department of Labor’s Overtime Rule
Today, the House Rules Committee will consider Representative Tim Walberg’s bill to delay implementation of the Department of Labor’s overtime rule.
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How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
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CEI Files Opening Brief in TSA Body Scanner Lawsuit
Yesterday, CEI, The Rutherford Institute, and two CEI employees (VP of Strategy Iain Murray and yours truly) filed our opening brief against the Transportation Security…
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Tom Cotton’s Last Minute Anti-Gambling Bill
Sen. Tom Cotton (R-AR) fears the Internet.
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This Week in Ridiculous Regulations
Agencies issued more than six dozen new final regulations last week, ranging from minerals to dates.
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How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
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Surface Transportation Board Seeks to Impose Backdoor Railroad Price Controls
The infamously destructive Interstate Commerce Commission (ICC) may be history, but many outside of the railroad policy world are unfamiliar with its predecessor: the Surface…
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RealClear Radio Hour: Penniless Presidencies and Fashioning America
This week, we discuss two new books covering the national debt crisis and political values with authors Dr. Alan Axelrod and Cathy Lynn Taylor.
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Comment on EPA Power Plan’s Alleged Air Pollution “Co-Benefits”
Climate activists assure us that even if we don’t consider global warming a big problem, we should still support carbon taxes, renewable energy quota, and…
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Obama Readies the Military for Climate Change, Our No. 1 Global Threat
The White House on 21st September released a Presidential Memorandum on Climate Change and National Security. Section 1 states its purpose: “This memorandum establishes a…
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Economics Made the World Great – and Can Make It Even Better
This week our friends at the Mercatus Center at George Mason University hosted their Annual Dinner here in Washington, D.C., and it was an elegant…
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Mr. Robot and the Future of Money
Last week, the cult USA channel TV show Mr. Robot showed once again why it is required viewing for anyone interested in technology.
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Inquiry into Judicial Deference
Deference is judicial respect for agency interpretations of ambiguities in texts that carry the force and effect of law.
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Issues to Watch in Next Week’s Clean Power Plan Oral Argument
Next week the D.C. Circuit Court of Appeals hears oral argument on EPA’s so-called Clean Power Plan (CPP), which establishes first-ever carbon dioxide (CO2) emission…
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How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents
When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…
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How the Next President Can Improve Labor and Employment Policy
With the presidential election heading into the first debate, what can the next president do to improve national labor and employment policy?…
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Reform of “Toxic Substance” Rules Could Increase Health Risks
Although it was not unwarranted for safety reasons (as I detailed before), TSCA reform has granted the Environmental Protection Agency (EPA) greater power to remove…
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A Free Market Response to the Federal Automated Vehicles Policy
The quickest way to slam the brakes on innovation is for bumbling bureaucrats to outlaw it.
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Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
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RIP Reed Larson
Don’t have to pay union dues? You can probably thank Reed Larson.
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Response to Prof. Ronald Levin on ‘Auer Deference’
Last week, I posted about an ongoing symposium at Notice & Comment, regarding Auer deference to agency interpretations of their own regulations.
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Ghost Rules and Dark Matter: Developments in Regulatory Law
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Obama Administration Violates Judicial Independence in Dakota Pipeline Case
Last week, I lambasted the Obama administration for effectively overturning an Article III court decision regarding the Dakota Access Pipeline. Below is a summary of…
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How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
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This Week in Ridiculous Regulations
Agencies issued 78 new regulations last week, ranging from cherries to dairy.
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RealClear Radio Hour: Sensible Science and Authenticity
On this week’s RealClear Radio Hour, Tracey Brown weighs risk, reward, and science, and Glenn Carroll describes authenticity’s paradox.
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Obama’s Worst Power Grab Yet
The $3.7 billion Dakota Access Pipeline is a partially completed project that would move almost 500,000 barrels of oil daily from the Bakken oil fields in…
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House Panel Holds Hearing on Its Power to Investigate New York and Massachusetts AGs
On Wednesday (September 14, 2016), the House Science, Space, and Technology Committee held a hearing on the Committee’s efforts to subpoena documents from the New York…
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Wells Fargo and the Principal-Agent Problem
The Consumer Financial Protection Bureau has celebrated the $100 million fine it has imposed on San Francisco bank Wells Fargo for its employees’ improper handling…
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How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset
Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…
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Appreciate Checks and Balances on Constitution Day
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
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Sexual Harassment Regulation Expands Federal Bureaucracy
Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note that “Today we have an elaborate and growing federal…
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Everything You Should Know about ‘Auer Deference,’ the Most Pressing Issue in Administrative Law
Among the most controversial topics in administrative law is the propriety of Article III courts giving binding deference to agency interpretations of their own regulations.
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How Financial CHOICE Act Rescues Unbanked Americans
If the New York State Department of Labor is really concerned about unbanked employees being hit with fees, it should lend its support to the…
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Arizona Supreme Court Rules Taxpayers Should Be Forced to Subsidize Government Unions
Yesterday, the Arizona Supreme Court determined that there is no better way to spend tax dollars than to give them to government unions so that…
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How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
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When It Comes to Trade Our Leaders, Not Other Countries, Are Ripping Americans off
In recent weeks, trade has repeatedly come up in discussions and speeches by presidential candidates. Donald Trump says he would renegotiate NAFTA, while Hillary Clinton’s…
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Senators Examine Internet Naming Authority
This morning, the Senate Judiciary Committee’s Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts will hold a hearing entitled “Protecting Internet Freedom: Implications…
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Obama Administration Attacks ‘Reasonableness’ and ‘Common Sense’ in Sex Harassment Investigations
The Supreme Court has repeatedly said that not all sexual flirtation or interaction constitutes sexual harassment, and that whether conduct is bad enough to amount…
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How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily
In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.
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Clean Power Plan Litigation: A Giant Ball of Uncertainties
Prognosticating judicial outcomes is a foolish endeavor in general, but trying to predict the fate of the Clean Power Plan in Article III courts is…
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Financial CHOICE Act, Replacement for Dodd-Frank, Passes Out of Committee
The House Financial Services Committee today approved the Financial CHOICE Act (FCA) 30-26 largely along party lines.
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Destroying the Marketplace in Education
The federal government happily subsidizes awful state colleges that graduate few if any of their students.
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This Week in Ridiculous Regulations
Despite a Labor Day-shortened work week, agencies still found time to issue regulations from soap to whales.
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RealClear Radio Hour: Criminal Justice Problems and Solutions
This week, I speak with two advocates for criminal justice reform: 33-year police veteran Jim Bueermann and formerly incarcerated entrepreneur Sharon Richardson.
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Climate Change Already Measurably Harming Society, Study Claims
A UC Berkeley study published online this week in the journal Science purports to quantify the current harmful impacts of anthropogenic climate change. According to…