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Utah’s Contact Lens Law Flouts Constitution’s Commerce Clause
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Dodd-Frank Is Five Years Old
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Dodd-Frank’s Dire Legacy: The Durbin Amendment
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Happy “No Food is Junk Food” Day!
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Reports of Capitalism’s Demise Have Been Greatly Exaggerated
British journalist Paul Mason has famously declared that capitalism is dying, and he is in no sniffling state of mourning about it. In advance…
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Not Dodd-Frank, Not Glass-Steagall, But Real Competition to End TBTF
Progressives cheered Hillary Clinton last week when she said policy makers need to “go beyond Dodd-Frank.” She didn’t rule out repeal of some sections, but most…
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HUD’s “Affirmatively Furthering Fair Housing” Rule Is about Social Engineering, Not Desegregation
Failure to meet a racial quota is not the same thing as segregation. That basic fact has eluded the federal Department of Housing and Urban…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a busy week for the Federal Register, which included a 629-page proposed regulation from the EPA for greenhouse gas emissions and fuel economy for…
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EEOC Legislates New Federal Ban on Discrimination Based on Sexual Orientation
When Congress declines to pass a law that would expand an agency’s powers, the agency will sometimes respond by making up the law on its own.
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The Persistent Truth of Income Mobility
There’s a lot being written these days about income (and wealth) inequality, and how a free market economy allegedly exacerbates the divide between the rich and…
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After 80 Years, Labor Law Needs Reform
Senator Patty Murray (D-Wash.) recently penned an op-ed that celebrates the 80th anniversary of the National Labor Relations Act and praises the work of the…
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Slate Exposes Deceitful Heart of the Anti-GMO Movement
Will Saletan has an exhaustively researched and cogently argued piece at Slate on the dishonesty of the anti-biotechnology activists and the harm they have caused.
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What Cartoons Can Teach Us about Capitalism
The Freeman has an excellent article by FEE advisory board member Robert Anthony Peters on economic lessons in popular culture—in this case focusing on the wealthiest…
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CEI Sues TSA for Violating Federal Law and Court Order on Body Scanners
Yesterday, July 15, 2015, CEI filed a petition for writ of mandamus with the D.C. Circuit Court of Appeals. Our suit requests the court enforce its…
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More Unintelligible Gibberish on GMO Risks from Nassim Nicholas Taleb
A few months ago, statistician and risk analyst Nassim Nicholas Taleb, known mostly for his intriguing 2007 book The Black Swan, teamed up with a handful…
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Sunsetting Federal Regulations
An average of around 70 rules and regulations are issued every week. There were 3,554 in 2015, and have been 1,693 in 2015 as of…
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Do Conservatives Really Care about the Poor?
American Enterprise Institute president Arthur Brooks has a new book out this week, The Conservative Heart: How to Build a Fairer, Happier, and More Prosperous…
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Ex-Im Expired: Now What?
Two weeks ago, the Export-Import Bank’s authorization lapsed. The agency remains open, but is not allowed to consider new loans or other projects. It may…
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The SEC Sinks Its Claws Deeper into Executive Pay Packages
Once upon a time critics of corporate America complained that executive salaries were too high, and too often disconnected from the performance of the firm.
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Join the “I, Whiskey” Team
The Competitive Enterprise Institute's newest film project, I, Whiskey: The Spirit of the Market, is currently in production, and you can help make it…
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Highlights of FreedomFest 2015
The happy warriors of CEI have returned from our sojourn to Las Vegas and the excitement of FreedomFest 2015: Discover the New American Dream. The…
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CEI’s Battered Business Bureau: The Week in Regulation
The newest batch of federal regulations cover everything from municipal fireworks shows to Venezuelan sanctions. On Monday, the Federal Register will likely pass the 40,000-page mark. On…
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Federal Financial Aid Drives Up Tuition and College Costs, Study Finds
The federal government is now admitting that its own financial aid is partly to blame for rising tuition, reports Blake Neff in The Daily Caller:…
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Supreme Court Expands Power of Trial Lawyers Over Elections in Arizona Ruling
The Supreme Court’s recent healthcare decision in King v. Burwell wasn’t the only case in which it twisted clear statutory or constitutional language in order to protect…
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Largest Union Decertification Effort in Railway Labor Act History Underway at Allegiant Air
Last week, Allegiant Air flight attendants have filed with the National Mediation Board to decertify the Transport Workers Union. If successful, it would be largest…
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Joel Kotkin’s Analysis of Pope Francis’s Encyclical
Joel Kotkin has written an outstanding analysis posted on the Daily Beast of Pope Francis’s encyclical, Laudato Si’. I would quibble with certain details. For example, I think Francis…
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Texas: Austin and San Antonio Release Time Records
The San Antonio Fire Department (SAFD) granted 4,238 release time hours in fiscal year 2012, at a cost to taxpayers $135,786. In FY 2013, release…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the July 4 holiday, but regulators still managed to publish 34 proposed regulations and more than 90…
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The Other “Fourth” Worth Celebrating
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Vatican Downplays Political Involvement in Climate Debate While Joining Forces with Radical Leftist Naomi Klein
Kathryn Jean Lopez reports on NRO’s The Corner that Cardinal Peter Turkson downplayed the political intentions of Pope Francis’s encyclical, Laudato Si’, when he spoke to…
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Clarification Regarding the Oregon Governor’s Scandal
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Supreme Court Ruling that Fair Housing Act Bans Disparate Impact Creates Confusion and Uncertainty
The Supreme Court’s June 25 decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. creates confusion and uncertainty in multiple respects. In…
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Advocating Free Trade, Not Foreign Aid for the World’s Poverty
A Review of the Poverty Cure Documentary Series Poverty Cure is a six part documentary series directed and hosted by Michael Matheson Miller, produced by…
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Government Union Privilege Highlights Necessity to End Forced Union Dues in Public Sector
Every worker should be able to get and keep a job without being forced to pay union dues. Yesterday, the U.S. Supreme Court announced it…
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Independence Day? Yeah, Right: A Fourth of July Roundup of Federal Regulation
Congress is in recess and can’t do any more damage as the Fourth of July approaches, but federal agencies remain in business until they enjoy…
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Are There Broader Implications of the Supreme Court’s EPA Ruling?
“In a 5-4 decision, the Supreme Court blocked the Environmental Protection Agency’s mercury and air toxics standards, charging that the administration failed to adequately consider…
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U.S. Supreme Court to Take on Government Union Power
Today, the U.S. Supreme Court granted cert to a case that could give all public employees right-to-work protections. If SCOTUS rules in favor of the…
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Reimagining Surface Transportation Reauthorization: Pro-Market Recommendations for Policy Makers
Today, CEI published my white paper, “Reimagining Surface Transportation Reauthorization: Pro-Market Recommendations for Policy Makers.” In it, I lay out the case for making…
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5 Reasons Why It’s Time to Close the Ex-Im Bank
The clock is ticking on the Export-Import Bank’s upcoming reauthorization. Here are the top 5 reasons why it’s time to finally close the Ex-Im for…
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CEI’s Battered Business Bureau: The Week in Regulation
The big news from last week was the Supreme Court’s King v. Burwell decision, which upheld the IRS’ right to issue regulations directly contradicting legislation passed by…
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Supreme Court Rewrites Obamacare, Again
This morning, the U.S. Supreme Court ruled for the Obama administration in King v. Burwell, upholding the legality of health insurance tax credits for people…
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Kudos to Rep. Tom McClintock for His Principled Stand
Last night, the U.S. House of Representatives passed its version of TSCA reform (H.R. 2576) by a roll call vote of 398 in favor, one opposed,…
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California Department of Water and Power Trusts Used as Union Slush Fund
Public resources should be used to promote public purposes, meaning tax dollars should not go toward efforts that exclusively financially assist a private entity.
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Reasons to Oppose the Ex-Im Bank, Part 8: Back Door Bank Subsidies
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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Suspending Reason to Pass “TSCA Reform”
The process of lawmaking is often compared to sausage making: an unpalatable job that produces a palatable result. It’s easy to agree with the first part…
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Was Missouri Governor Jay Nixon’s Right-to-Work Veto Influenced by UAW Campaign Contributions?
On June 4, Governor of Missouri Jay Nixon vetoed right-to-work legislation, which would end forced union dues payments, and was joined by UAW Local 249…
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Ten Years After Kelo v. New London
Ten years ago today, the U.S. Supreme Court issued a 5-4 decision upholding the City of New London, Connecticut’s “right” to condemn Connecticut homeowners’…
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Reasons to Oppose the Ex-Im Bank, Part 7: Mercantilism
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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One Nation, Ungovernable? Confronting the Modern Regulatory State
(Note: What follows is a hyperlinked version of the introductory paragraphs to the chapter of the same name in the new Fraser Institute/Mercatus…
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Reasons to Oppose the Ex-Im Bank, Part 6: Ex-Im’s Strange Dual Mandate
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register passed the 35,000-page mark with new regulations covering everything from food additives to chimpanzees. On to the data: Last week, 81 new final regulations…
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Reasons to Oppose the Ex-Im Bank, Part 5: Corruption
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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Dodd-Frank Conflict Minerals Rules Cause Smuggling, Starvation, and Harm to U.S. Businesses
The 2010 Dodd-Frank Act effectively restricted U.S. business’s ability to obtain minerals from the war-torn nation of the Congo and surrounding countries. That caused massive …
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Only One Option to Rein in Politicized NLRB: Eliminate Appropriations
In a recent Forbes article my colleague Wayne Crews explains that "federal regulation matters more than spending." On the flip side, one of the only…
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2015 CEI Dinner Movie: The Magnificent 7
Complete with cowboy boots, wagon wheels, lamps made out of whiskey bottles, and wanted posters of the most “notorious” U.S. regulators—if you’re talking to a…
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Excerpts from Carly Fiorina’s Address at CEI’s Annual Dinner
Keynote address by business and nonprofit leader Carly Fiorina delivered at the Competitive Enterprise Institute’s annual dinner on June 11, 2015. Excerpts from text as…
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Negotiators Leave Empty Handed, Greek Bank Withdrawal Begins
Greece’s neglected payment to the International Monetary Fund on Friday, June 5, has caused escalated tensions in the negotiation process between creditors and Greek Prime…
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California Labor Commission Rules Uber Drivers Are Employees
A recent ruling by the California Labor Commission found that an Uber driver is an employee, not independent contractor as the ridesharing company argues. The…
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Reasons to Oppose the Ex-Im Bank, Part 4: False Economic Catastrophism
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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FCC Ignores Rule of Law in Attempt to Fine AT&T for Throttling Wireless Users
Today, the Federal Communications Commission (FCC), on a three-to-two vote, found that AT&T violated federal regulations by failing to disclose that it was throttling certain wireless…
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The IRS, Obamacare, and the English Language
In the days just before the March 4 Supreme Court hearing in King v. Burwell, I got a number of calls from total strangers who had…
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Obama Administration Pressures Colleges to Adopt Unconstitutional Speech Codes
Under the Obama administration, the Education Department has pressured schools and colleges to restrict speech, including off campus speech, even when it is protected by the…
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Reasons to Oppose the Ex-Im Bank, Part 3: It Favors Big Business
The Export-Import Bank’s charter expires on June 30. This series of posts makes the case for closing Ex-Im, one argument at a time. See also…
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Significant Labor and Employment Issues in FY 2016 Labor-HHS-Ed Appropriations Bill
Stamped June 15, 2015 (5:55PM), the U.S. House of Representatives Appropriations Subcommittee Department on Labor, Health and Human Services, Education, and Related Agencies has…
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Trade Supporters Opt for More Breathing Room
House leadership will delay reconsideration of Trade Adjustment Assistance (TAA)—up to a July 30 deadline they set—to give more time for President Obama to…
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Federal Witch Hunt Successfully Bans Trans Fats
Ding dong the witch is dead; killed by the federal government…well, that’s if the witch was a recluse people hardly ever saw, probably hasn’t hurt…
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Reasons to Oppose the Ex-Im Bank, Part 2: Its Favors for Some Businesses Hurt Other Businesses
Reasons to Oppose the Ex-Im Bank, Part 2: Its Favors for Some Businesses Hurt Other Businesses The Export-Import Bank’s charter expires on June 30. Unless…
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Union Deauthorization Provides Workers Weapon to Combat Pro-Union NLRB Actions
Nearly all action to come out of the Obama administration's National Labor Relations Board has sought to ease union organizing campaigns in order to funnel…
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Reasons to Oppose the Ex-Im Bank, Part 1: It’s Pro-Business, Not Pro-Market
The Export-Import Bank’s charter expires on June 30. Unless Congress votes to reauthorize that charter, Ex-Im will soon cease to exist. This would be a…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a prolific week for the Federal Register, with more than 1,700 pages covering everything from real estate appraisal to water banks. On to the…
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Abolish Ex-Im Bank, Don’t Reform It
Over at the American Spectator, University of Chicago lecturer Frank Schell recently published a column arguing that the Export-Import Bank should be reformed, not…
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How Many Significant Regulations Escape Congress’ Notice?
The Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions was released in late May, presenting recently completed actions and ongoing priorities of the federal…
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Trade Promotion Authority: What it Is and What it Isn’t
The House of Representatives is poised to vote on Trade Promotion Authority (TPA), the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (H.R. 1314). Unfortunately,…
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Union Official Time Breeds Corruption
The Office of Labor-Management Standards of the Department of Labor conducts criminal investigations to unearth union wrongdoing that violates the Labor-Management Reporting and Disclosure Act.
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DOJ vs. Reason.com Commenters: How the Deck Is Stacked Against Anonymous Political Speech
Our friends over at the Reason Foundation, a venerable libertarian think tank and publisher of Reason magazine, recently received a grand jury subpoena from a federal prosecutor…
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DOJ vs. Reason.com Commenters: When Everything Is Deemed a “Threat”
The Supreme Court has said that true threats can be banned without violating the First Amendment, but that doesn’t mean that hyperbolic rants are unprotected…
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Bad Tradeoff: Ex-Im vs. a Weak Dollar
At this point, it looks like Congress will let the Export-Import Bank’s charter expire on June 30. This is not a big deal in grand scheme…
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The Right to Choose Your Investment Partner
The following is an abridged and revised version of my keynote address to the FinTech Global Expo at the San Diego Convention Center on May 29,…
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CEI’s Battered Business Bureau: The Week in Regulation
New regulations last week covered everything from growing cherries to airport security fees to preventing collisions at sea. On to the data: Last week, 65…
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Both Parties Should Oppose the Export-Import Bank
Rep. Jeb Hensarling (R-Texas) chairs the House Financial Services Committee. The Export-Import Bank’s reauthorization falls under his jurisdiction, and he has been one of the…
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NLRB Approves of Vulgar Union Gear at Workplace
Under the Obama administration, the National Labor Relations Board has gone to great lengths to expand employee Section 7 rights to the point of absurdity.
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NLRB’s End Run Around Right to Work Laws
Yesterday, the House Education and Workforce Committee held a hearing entitled, "Compulsory Unionism Through Grievance Fees: The NLRB’s Assault on Right to Work," which examined…
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Henry Hazlitt and the Ex-Im Bank
Henry Hazlitt is most famous for his book Economics in One Lesson. Export-Import Bank supporters have consistently ignored a very important part of Hazlitt’s simple…
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Obama Has Issued More “Economically Significant” Rules in 6.5 Years than Bush Did in Eight
It happens to be the case that, in terms of overall counts of rules and regulations published in the Federal Register as final rules, the George W.
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Manufacturing Alarm: Dana Nuccitelli’s Critique of John Christy’s Climate Science Testimony
Environmental scientist Dana Nuccittelli accuses University of Alabama in Huntsville (UAH) atmospheric scientist John Christy of “manufacturing doubt about the accuracy of climate models” at a May…
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“Worker’s Choice” Proposal
On June 2, 2015, Vincent Vernuccio, the Director of Labor Policy at the Mackinac Center for Public Policy and one of my predecessors here at…
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The Value of Trade
WTO's new video, titled “Trade matters to me,” captures the consumer value of trade on an everyday basis, from pants to…
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Texas Court Upholds NLRB Ambush Election
On June 1, the U.S. District Court for the Western District of Texas upheld the National Labor Relations Board's (NLRB) ambush election, which dramatically alters…
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Ex-Im and Boeing, Sitting in a Tree
In most years, nearly half of the Export-Import Bank’s business is for Boeing’s benefit. The relationship between the two is so cozy that Ex-Im’s informal…
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Employment Effects of the NLRB’s Joint-Employer Cases
Following the script of the U.S. Department of Labor Wage and Hour Administrator David Weil in his book The Fissured Workplace, the National Labor Relations…
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Here Are All 205 “Economically Significant” Rules in the Spring 2015 Unified Agenda of Federal Regulations
The Spring 2015 Unified Agenda of Federal Deregulatory and Regulatory Actions was released by the Obama administration just before Memorial Day weekend. It’s less of a…
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Understanding the EPA’s Power Grab through the “Waters of the U.S. Rule”
Last week, the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) promulgated the Waters of the U.S. Rule, a…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a four-day work week because of the Memorial Day holiday, but regulators still had a busy week, with new regulations covering everything from…
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Union Bosses Lobby for Exemption from $15 LA Minimum Wage
As I reported in yesterday, Big Labor spent a lot of money and resources supporting the Los Angeles' $15 minimum wage.
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Raise a Glass to Lower Taxes
You might not know it, but about half the cost of your preferred alcoholic beverage is made up of taxes and fees. One man in…
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Big Labor Money Behind Los Angeles Minimum Wage Hike
On Tuesday, the Los Angeles City Council voted 14-1 in favor of raising the minimum wage to $15 by 2020.
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Politics vs. Principle: Export-Import Bank Edition
On the merits, the case for closing the Export-Import Bank is a slam-dunk. This has made life difficult for the bank’s supporters, especially since the…
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Fourth Circuit Flouts Appellate, Evidence, and Class-Action Rules in Brown v. Nucor Corp.
In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively…
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CEI’s Battered Business Bureau: The Week in Regulation
The big regulatory news from last week was the publication of the semiannual Unified Agenda, which lists most upcoming regulations from rulemaking agencies at various…
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Trade Promotion Authority in the Senate: Do-It-Yourself Economics
The U.S. Senate yesterday continued discussion on Trade Promotion Authority (TPA), also called the “fast-track” trade authority, which would give the President power to negotiate…