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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.
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3 Things You May Not Know about the US Airways-American Airlines Merger Lawsuit
On Tuesday, August 13, the Department of Justice, six states, and the District of Columbia filed suit to block the planned $11 billion merger…
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Let in More Foreign Doctors to Fix Looming Shortage of Physicians Aggravated by Obamacare
“Bring on the foreign doctors,” writes Slate’s Brian Palmer: If President Obama’s health care reform plan is implemented in its current form, the United…
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ALEC Puts Forth Ideas for State Pension Reform
Public awareness of the scope of the state public pension crisis seems to be growing every day. That's a welcome development, in that it has…
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CEI Podcast for August 15, 2013: Justice Department Blocks Airline Merger
Fellow in Land-use and Transportation Studies Marc Scribner thinks the charges are overblown, and has ideas of his own for increasing competition.
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President’s Dog Airlifted at Enormous Expense to Taxpayers? Debunking Claims Made Against Budget Cuts
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CCAF in today’s New York Times
The Adam Liptak article also generously cites my Congressional testimony on cy pres. Earlier: Marek v. Lane; Dry Max Pampers.
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Federal Income-Based Repayment Plan Encourages Skyrocketing Law School Tuition
A recent item in The Washington Post explains "how Georgetown Law gets Uncle Sam to pay its students’ bills," averaging $158,888 over three years,…
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Florida’s Unwrapped Gift to Taxpayers
People who don’t do their jobs are usually held accountable, right? Not if you work for Miami-Dade County. Robert Akras, a Miami-Dade County property surveyor…
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CEI’s Battered Business Bureau: The Week in Regulation
83 new regulations, from sweet cherries to air.
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Some updates
The Ninth Circuit rejected en banc review of our victory in HP Inkjet. Here, for the record, is our successful opposition to the…
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Not With Banks, Not With Retailers, But With Freedom
In explaining my policy positions, I often find myself pointing out I am neither pro-business nor pro-bank, but pro-market. My Competitive Enterprise Institute colleagues and I…
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Sixth Circuit victory: In re Dry Max Pampers Litigation
A great opinion protecting class members against predatory attorneys. Congratulations to CCAF attorney Adam Schulman (Georgetown Law ’10), who won his first appellate oral…
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Perspectives on Honeybees and Pesticides
If you believe the headlines, honeybees may soon be endangered, pesticides are to blame, and regulations offer an easy solution. Yet headlines belie the truth…
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CEI Podcast for August 8, 2013: CEI Appeals Dismissal of Dodd-Frank Lawsuit
CEI general counsel Sam Kazman discusses plans to appeal the case.
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Senate Immigration Bill Authorizes E-Verify as Surveillance Tracking
The Senate immigration bill (S. 744) is immense, so most Americans (and, more importantly, journalists) can be forgiven for missing the part that authorizes…
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Not Going Gently: Rogue NLRB Lands One More Blow
For the first time in a decade, the National Labor Relations Board is composed of five legitimately appointed members. However, one of the last decisions…
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Europe’s Continued Stagnation Is Not Surprising, Given Lack of Reform
The Guardian reports that Italy’s record-long economic slump has continued for another quarter. This isn’t much of a surprise given Prime Minister Enrico Letta’s…
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Senate NLRB Deal Backfires on GOP…Again
Just over a week ago, Democrats suckered Republicans into a deal to avert what Senator Harry Reid referred to as the “nuclear option” that would…
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CEI’s Battered Business Bureau: The Week in Regulation
82 new regulations, dairy import licenses to information sharing.
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The Misleading Push for the U.N. Convention on the Rights of Persons with Disabilities
Last year, the Senate did not ratify the U.N. Convention on the Rights of Persons with Disabilities, with supporters falling just short of the two-thirds…
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‘Universal’ Health Care Universally Loathed
Once upon a time labor unions and all their Labor Bosses loved Obamacare. But not anymore. Unions are slowly opening their eyes and accepting the…
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$26.7 million victory for CCAF in Citigroup Securities case
Details at Point of Law.
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Raul Labrador’s Sane Immigration Policy Reflects His “Libertarian Streak”
Rep. Raul Labrador (R-Idaho) has led the effort in the House to fix immigration laws in the most conservative and free market way possible.
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CEI Podcast for August 1, 2013: Is Washington the Next Detroit?
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Court Wrong to Make Dodd-Frank Durbin Price Controls More Draconian
Today, U.S. District Judge Richard Leon ruled that the Federal Reserve's implementation of the Durbin Amendment of the Dodd-Frank financial overhaul, which sets price controls on…
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Detroit Bankruptcy Focuses Attention on Public Pensions
For people watching it from afar, the bankruptcy of Detroit — the biggest municipal bankruptcy in American history — may have brought a sense of…
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Regulation of the Day Update: Pulling a Rabbit Out of a Hat
The USDA is temporarily suspending its magician's rabbit-license regulations "in order that we may undertake a review of their requirements."…
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CEI Podcast for July 31, 2013: REINS Act Hits the House Floor
Vice President for Policy Wayne Crews talks about the Regulations from the Executive In Need of Scrutiny (REINS) Act, which is expected to pass the…
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Meet the New Boss(es): NLRB Nominees Clear Senate
Well, it's official: We finally have a fully staffed National Labor Relations Board. On July 30 the Senate, as part of a deal worked out…
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REINS Act to Hit House Floor Tomorrow
The bill would add some oversight to a regulatory process that has far too little of it.
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House National ID E-Verify Bill: 6 Dangerous Provisions it Includes (And 5 Worker Protections it Excludes)
The House of Representatives has passed out of committee a bill (H.R. 1772) to mandate E-Verify electronic employment verification for all employers. This bill…
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House National ID E-Verify Bill: 5 Worker Protections it Excludes (And 6 Dangerous Provisions it Includes)
The House of Representatives has passed out of committee a bill (H.R. 1772) to mandate E-Verify electronic employment verification for all employers. This bill…
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Tracking the Cultural Exception, Part Four: A Double-Edged Sword
Americans generally think of subsidies to audiovisual industries like film and television as a foreign phenomenon. Yet that is hardly the case. In fact, one…
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Not Lovin’ It: Angry Fast Food Workers Strike
"Hold the burgers, hold the fries, make our wages supersize!" This is one of the many chants shouted by the thousands of fast food workers…
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Big Labor and NLRB Tactics Evolve
With total union membership at its lowest rate since 1916, Big Labor is desperate to organize non-union workers. Labor unions latest approach comes in the…
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New USTR Discusses Trade Agenda, How U.S. and EU Can Address Divergent Regulatory Regimes
At a forum this morning hosted by the U.S. Chamber of Commerce, the new U.S. Trade Representative, Michael Froman, discussed the next steps…