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CEI Podcast for October 3, 2013: The Federal Shutdown
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Regulators and Justice
The federal government cajoled JP Morgan into acquiring Bear Stearns. Now they are punishing JP Morgan for crimes allegedly committed by Bear Stearns prior to…
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Obama Administration Uses “Government Shutdown” as Pretext to Block Access to Tourist Attractions
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NYC Rubber Rooms Still Packed
Just three years ago, New York City Mayor Bloomberg and the United Federation of Teachers publicly heralded a deal to end "rubber rooms," the reassignment…
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Regulatory Transparency Is Decidedly Lacking
The Office of Management and Budget reviewed a grand total of 47 regulations last year, or a little more than 1 percent of the total.
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Please, Think of the Pandas!
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Marek v. Lane cert petition in the Wall Street Journal
In The Wall Street Journal, David Rivkin and Lee Casey write about Marek v. Lane, arguing that it’s time to end class-action settlements…
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Playground Slavery
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Obamacare Quadruples Rates for Some, Subsidizes Some Wealthy Who Retired Early
Due to Obamacare, North Carolina "will see individual-market" health insurance rates "triple for women, and quadruple for men." In Tennessee, Obamacare will…
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Green Policies Translate Into Less Food, Higher Prices
Thanks to misguided bureaucracy and fear mongering from environmental activists, myriad valuable products are disappearing from the marketplace. Walmart, Proctor & Gamble, and…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from bird hunting to fluted kidneyshells.
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California Labor Board Rejects Farm Workers’ Petition to Decertify Union
On September 25, the California Agricultural Labor Relations Board denied a petition submitted by Gerawan Farming workers to decertify the United Farm Workers union.
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Environmental Regulations Threaten Refining Sector Jobs
I had the privilege of meeting with Charlie Drevna, President of American Fuel and Petrochemical Manufacturers this week. He had some extremely interesting things to…
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Modest Food Stamp Cuts Are Long Overdue
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CEI Podcast for September 26, 2013: “The Cupboard Is Bare”
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Massive Marriage Penalties in Obamacare Health Insurance Exchanges
On the Obamacare health insurance exchanges, being married can cost you a lot. Get divorced (or avoid getting married, if you live together), and you…
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Farm Workers Resist Union Representation
Data from the Bureau of Labor Statistics and the National Labor Relations Board show that less than 10 percent of employees actually voted for their…
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Don’t Nudge On Me
In a recent New York Times column, David Brooks describes American culture as “mentally lazy.” Overcoming that, he argues, requires a dose of what he calls…
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Labor Department Imposes Disability Hiring Quotas, Even in Divisions that Don’t Get Federal Contracts
The Obama Labor Department has just finalized rules that will effectively require businesses that get federal contracts to adopt a 7 percent hiring quota for the…
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The Regulatory Improvement Commission
Senators Angus King (I-Me.) and Roy Blunt (R-Mo.) are introducing a bill that would create just such a commission. Over at The American Spectator, Wayne…
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CEI’s Battered Business Bureau: The Week in Regulation
76 new regulations, from pet stores to food containers.
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The Morality of Market Behavior
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Private Lobbyists and Public Pensions Don’t Mix
Government officials mismanaging public funds is nothing new. But giving public pensions to private lobbyists is a new low. A recent Associated Press report uncovered…
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CEI Podcast for September 20, 2013: The EPA’s Latest Attempt to Ban Coal
A proposed rule issued today by the EPA would effectively ban new coal-fired power plants from being built. According to William Yeatman, Assistant Director of…
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Student Barred from Handing Out Constitution on Constitution Day, In Sad Sign of the Times
At Modesto Junior College, a student was prevented from handing out copies of the Constitution on Constitution day. He was also "told he needed to fill…
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Private lobbyists collecting public pensions is illegal gift
State and local pension funds face unfunded liabilities ranging from $3 trillion to $5 trillion, according to various reports. This is well-known problem and many…
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CEI Podcast for September 19, 2013: A Controversial FERC Nominee
Ron Binz is President Obama's choice to head FERC, the Federal Energy Regulatory Commission. William Yeatman, in a new report, shows why Binz's disregard for…
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House to Consider Separate Food Stamp Bill Later Today
H.R. 3102, the “Nutrition Reform and Work Opportunity Act of 2013’’ will be considered on the House floor later today. The 109-page bill, which…
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Worker Centers Collecting Federal Funds
This summer, worker centers gained public notoriety with staged strikes at fast-food restaurants and Wal-Mart. Their effectiveness in gaining media attention has not been lost…
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Executive Branch Review of Federal Regulations — Still Highly Incomplete
In the 2014 fiscal budget proposal, the White House praised regulation of auto safety, energy efficiency and credit cards, and claimed, "…
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A Victory for Property Rights in Virginia
Over a year ago, I highlighted an eminent domain abuse case in Virginia. To recap: The Norfolk Redevelopment and Housing Authority and Old Dominion…
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Ignoring the Government’s Role in the Financial Crisis, Five Years Later
When it comes to reporting on the 2008 financial crisis, many journalists are experts at ignoring the elephant in the room: the government's role in…
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We Must Take a More Active Role in Challenging the FCC
On September 9, 2013 I entered the E. Barrett Prettyman Court house, which houses the federal Court of Appeals for the District of…
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DOL Finalizes Companionship Rule
With little notice, on September 17, Labor Secretary Thomas Perez finalized a rule to extend the Fair Labor Standards Act--minimum wage and overtime protections--to nearly…
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More Harm from “Disparate Impact” Regulations
Earlier, we wrote about the Obama administration’s attempt to inject a race-conscious “disparate impact” provision into colorblind anti-discrimination laws like the Fair Housing Act,…
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A Thorough Education in Mediocrity
Success can pertain to personal satisfaction, an intangible, or outside validation (whether via spoken word, wealth, or popularity). Personal satisfaction may spring from accomplishing a…
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Mississippi Should Tell CFPB to “Stop Spying on Me”
The federal Consumer Financial Protection Bureau is coming to Mississippi Wednesday and Thursday with a public forum on "access to information." A vital question for Mississippians to…
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Mid-September update
Procter & Gamble (but not the plaintiffs) filed an en banc petition seeking further review of the 2-1 decision striking down the ludicrous attorney-benefit-only settlement…
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Congress to Mark Up Small Business Regulatory Flexibility Bill
The Regulatory Flexibility Act directs federal agencies to assess the effects of their rules on small businesses. How’s that going? A new book…
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CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from banned avocados to sweet corn insurance.
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CEI Opposes Risky, Race-Conscious Federal Lending Requirements in Supreme Court Case
“Disparate impact” is a term in anti-discrimination law for when a neutral policy happens to affect minorities more than whites. One example is a standardized…
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Taxpayers Pay High Costs for Crop Insurance Subsidies
Bloomberg on September 9 published an in-depth article on the high costs of federal crop insurance – likely to be increased even more if…
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Third Largest Wisconsin Teachers Union Members Exercise New Freedom
This week Wisconsin Governor Scott Walker's government-sector collective bargaining reform was upheld in Federal District Court.
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Green Market Pressure Takes Toll on Consumer Choice
When environmentalists don’t have the political power to regulate away consumer choice, they sometimes can get industry to do the job for them. Most recently,…
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Update on American Airlines-US Airways Merger: Judge Approves American’s Bankruptcy Plan
Today, Judge Sean Lane of the U.S. Bankruptcy Court for the Southern District of New York approved American Airlines’s reorganization plan to exit bankruptcy protection,…
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Internet Tax Not A Popular Proposition, According to R Street/NTU Poll
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CEI Podcast for September 11, 2013: Ronald Coase, 1910-2013
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Korean Air and Asiana Airlines coupon settlement
At first glance, the Korean Air Passenger Settlement looks pretty good: $50 million in cash for class members. You have to dive very deep…
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Paul and Udall Push Bipartisan Credit Union Business Lending Regulatory Reform
Today, the Credit Union National Association (CUNA) is launching its "Don't Tax Tuesday" in which credit unions and their supporters tweet members of Congress…
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D.C. Agrees to Costly Project Labor Agreement
It is well-documented that Project Labor Agreements drive up costs, by some estimates up to 12 to 18 percent. This is because PLA's subvert competitive…
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August and September update
We’ve been very busy! In Fraley v. Facebook, the district court adopted our theory of attorneys’ fees (zero value for injunctive relief and…
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Before Net Neutrality Eats the World (Part 15): Can We Please End This. Please.
Today, Monday, September 9, 2013, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge…
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CEI’s Battered Business Bureau: The Week in Regulation
58 new regulations, from foreign tax credits to growing dates in Riverside County, California.
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SEIU Celebrates Siphoning Millions from Home Care Providers
A SEIU Healthcare Illinois-Indiana press release announced an event to celebrate the 30th anniversary of its first organizing win over home care providers. According to…
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Before Net Neutrality Eats the World (Part 14): What Should Congress Do?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Longshore Union’s Exit from AFL-CIO Illustrates Bad Feature of U.S. Labor Law
The largest longshoremen’s union in the West Coast has decided to leave the AFL-CIO. While this may be an internecine organized labor fight, it…
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CEI Podcast for September 5, 2013: A New Energy Drink Scare?
Fellow in Consumer Policy Studies Michelle Minton puts a scary new study about energy drinks and children into its proper, non-scary context.
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Louisville Subsidizes Union Activity
A plague on taxpayer funds known as union release time infects nearly every state and municipal government coffers. This inappropriate government expenditure/practice excuses public employees…
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Before Net Neutrality Eats the World (Part 13): What FCC Should Do Now
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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New Estimate: Public Pensions Underfunded by $4.1 Trillion
One of the challenges in addressing the underfunding of public pensions is determining how big the funding gaps are. Estimates vary because of disagreement over…
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Before Net Neutrality Eats the World (Part 12): Why Net Neutrality Threatens Homeland Security and Cybersecurity
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Scholars React to President’s Call to Shrink Law School from Three Years to Two
We earlier discussed (and agreed with) President Obama’s suggestion that law schools cut their length of study to two years from the current three…
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Before Net Neutrality Eats the World (Part 11): The Inappropriateness of Compulsory Transparency
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Ronald Coase, Nobel Prize-Winning Economist, Dies at 102; CEI Releases Interview Footage From 2004
Ronald Coase, the University of Chicago economist who won the 1991 Nobel “for his discovery and clarification of the significance of transaction costs and…
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CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from “shared responsibility payments” to Segelflugzeugbau sailplanes.
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MoveOn admits: “[I]f younger, healthier people don’t participate, then costs will skyrocket and Obamacare will fail.”
MoveOn.org yesterday sent me an appeal asking for $5 to help fund a $250,000 social media campaign supporting ObamaCare targeted to reach young adults. Here’s…
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Big Labor Public Outrage Pays Dividends
In what should not be much of a surprise, the Obama administration is looking to quell labor leaders complaints over Obamacare by offering them taxpayer…
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Before Net Neutrality Eats the World (Part 10): Who’s Discriminating Online?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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CEI Podcast for August 29, 2013: Consequences of Net Neutrality
Have a listen here. In 2010, the FCC issued regulations to implement net neutrality. The resulting legal challenge is about to hit the D.C.
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By Opposing Airline Merger, Obama Risks Wrath of Powerful Unions
When the Department of Justice unexpectedly filed suit to block the merger between US Airways and American Airlines, I noted that unions representing various workers…
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Before Net Neutrality Eats the World (Part 9): How to Expand Consumer Choice and Access to Content
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Honoring Entry-Level Positions
Today, as has been publicized for weeks now, fast-food workers across the country are expected to walk off the their jobs. The union organized movement…
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Before Net Neutrality Eats the World (Part 8): The Essential Elements of Non-Destructive Rulemaking
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Playing Politics with Public Pensions
Many public pension plans around the nation are severely underfunded. The 2008 financial crisis, which wiped out many pension investments, has focused the public’s and…
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Lobbyists at the State Public Trough
Who is a public employee? The answer to that should be simple: Someone who works directly for a government entity. But in 20 states, the…
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Historians Should Learn the Economic Way of Thinking
Simon Schama is one of the world’s great historians. Indeed, I am currently having my children watch his magisterial “History of Britain,” and they are…
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Before Net Neutrality Eats the World (Part 7): Mandatory Dumb Pipes? But Why Sacrifice Genius?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Union Special Privilege Under Scrutiny
In response to a Miami Herald report, a Miami-Dade County Commissioner is sponsoring legislation to eliminate or reduce the practice of allowing government employees…
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Before Net Neutrality Eats the World (Part 6): Does “Market Failure” Demand Neutrality Regulation?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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President Obama: Cut Law School from Three Years to Two
President Obama, a lawyer who once was a lecturer at the University of Chicago, recently urged law schools to reduce the length of study from three years…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from hunting migratory birds to grading avocados.
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New Mexico Court: Go Into Business, Lose Your First Amendment Rights
In Elane Photography v. Willock, the New Mexico Supreme Court ruled yesterday that a wedding photographer violated the New Mexico Human Rights Act by…
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Big Labor versus the Obama Administration
In the 2012 federal election cycle, according to the Center for Responsive Politics, 91 percent of labor unions campaign funds went to Democrats. One would…
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Before Net Neutrality Eats the World (Part 5): The Fallacies Motivating Net Neutrality
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Court Strikes Down another Obama NLRB appointment
If you cant' get legislation through Congress, then make policy through regulation. Until the courts get in the way. The former has been the Obama administration's…
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CEI Podcast for August 22, 2013: Germany Legalizes Bitcoin
Vice President for Strategy Iain Murray discusses Germany's decision to legalize Bitcoin, a controversial digital currency. With the euro's future up in the air, competing…
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Before Net Neutrality Eats the World (Part 4): FCC Order Creates Political Vulnerability for All Market Participants
(Note: On Septe. 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of the…
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Fast Food Workers Should Be Wary of Union Tactics
A Big Labor backed coalition is calling for a nationwide strike among fast-food workers on August 29. The walkout is part of a larger campaign,…
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Worker Centers Need Oversight
In response to Rep. John Kline and Phil Roe’s letter to the Department of Labor asking for a determination whether or not “worker centers” should…
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Germany Legalizes Bitcoin: Competing Currencies Are Here!
While Thailand may have banned Bitcoin, the electronic currency — although some are not so sure — the economic powerhouse of Germany has…
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Detroit’s Pension Fight: Coming to a City Near You?
The bankruptcy of Detroit is an unusual event, but its uniqueness lies mainly in its severity. Municipal governments across the nation are struggling to bring…
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Before Net Neutrality Eats the World (Part 3): The FCC’s Disdain for Markets
(Note: On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s…
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Krauthammer on Questioning Climate Science
The left seems to have decided the only way to win at global warming politics at this point is by smearing critics of climate change…
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Before Net Neutrality Eats the World (Part 2): An Alternative Case for Agency Neutrality
(Note: On Sept. 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s…
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Labor Unions Blast Obama’s American Airlines-US Airways Merger Lawsuit
Last Tuesday, the Department of Justice and six state attorneys general filed suit to block the planned merger of American Airlines and US Airways. I…
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Judge Leon’s Lawless Durbin Amendment Debit Card Decision
Since Judge Richard Leon issued his shocking decision on July 31 that called for even more draconian price controls under Dodd-Frank's Durbin Amendment, some legal commentators…
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Labor Department Meddles in California Transit Dispute
California public transit unions seem to have found a new, powerful bargaining tactic: If you don’t get your way in the legislature, threaten your state’s…
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Before Net Neutrality Eats the World, Part 1: Net Neutrality vs. Infrastructure Wealth
On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon's…
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Tracking the Cultural Exception, Part Five: There Is Another Way
In the final entry to my series, the question I want to address is more difficult to answer: Why haven’t more countries woken up to…
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CEI’s Battered Business Bureau: The Week in Regulation
71 new regulations, from D-Day reenactments to bio-fuel usage.