Blog
Costs of Unequal Treatment of Citizens by Abandoning Negative Rights for a Positive Rights Framework
To many classical liberals (or libertarians), it is primarily the individual’s right of self-defense that is delegated to a government. We cannot unilaterally commence the…
Blog
Facebook’s Call for Regulation Could Lead to Government Censorship
The Internet is unique in history not because it lacked “rules” about free expression, but that it expanded that broadcast freedom to all, not just…
Blog
Regulation and Neglected Costs of Authoritarianism and Over-Criminalization
Corrupt government and authoritarianism have been the historical rule rather than the exception. The U.S. Constitution’s elevation of individual rights and restraints on governmental power…
Blog
Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators
The administrative state, blessed by Congress, has dispensed with the Founders’ system of legislation fashioned solely by an elected body. Regulatory reforms call for holding…
Blog
The Regulatory Costs of Abandoned Federalism
The deterioration of the principle of separation of powers is a signature feature of the powerful federal Administrative State. This corrosion is accompanied by a…
Blog
Costs of Regulatory Takings and Property Value Destruction
Takings issues noted here are just the beginning of government neglect of the institution of private property, notable especially in emergent sectors. But the disdain…
Blog
Regulatory Costs and the Loss of Liberty
From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.
Blog
Unmeasured Meta-Costs of the Administrative State
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discuss some of the…
Blog
Administrative Procedure Act Limitations: Process and Oversight Shortcomings
The Administrative Procedure Act of 1946 (APA) set up the foundation of the public consultation rulemaking procedure. Part one of this two-part glance at APA…
Blog
A Brief Outline of Undisclosed Costs of Regulation
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the…
Blog
Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
Blog
What If Trump’s Regulations Exceed His Regulatory Rollback Savings?
President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?…
Blog
The 2019 Unconstitutionality Index
Even in an administration attempting to cut regulation, the number of rules from hundreds of federal agencies (nobody really knows exactly how many) will vastly outstrip the…
Blog
Trump’s 2018 Deregulatory Effort: 3,367 Rules, 68,082 Pages
At year-end 2018, how is President Donald Trump’s regulatory reform project going?…
Blog
What Regulations Has the Trump Administration Eliminated So Far?
The fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions just appeared today. Notably, this is the first time the fall…
Blog
Ditch Antitrust Regulation in Favor of Competing Bigness
The Federal Trade Commission (born in 1914, fathered by Woodrow Wilson) is hosting a series of hearings and discussions on “Competition and Consumer Protection…
Blog
Federal Regulatory Cost Disclosure Reports Latest Ever
Why does it need to be such a headache to get timely reports on the costs and benefits of federal regulation? Government spends and it regulates.
Blog
Real Sin for Social Media Companies Not ‘Censorship,’ but Getting into Bed with Government
Social media outlets have been filled with commentary this week about the decisions by Apple, Facebook, YouTube, and Spotify to remove content created by…
Blog
European Regulators Wrong on Google Fine, Wrong on Antitrust Policy
Dominance and popularity are not the same as a coercive monopoly. The European Commission is behaving in protectionist fashion, not in a manner benefitting consumers,…
Blog
Trump Maintains a One-In, Five-Out Pace for Rules and Regulations
How many deregulatory actions have been taken so far in the Trump administration? Along with 16 congressional “resolutions of disapproval” of existing Obama-era regulations—another…
Blog
Federal Deregulation Can Exceed What Gets Reported in Unified Agenda
In tracking the Trump administration’s regulatory vs. deregulatory actions, there can be discrepancy between the official Unified Agenda compilation (the tally that’s been around…
Blog
Did You Hear the One about the Entrepreneur?
When putting together a chapter on entrepreneurship and regulation for the Fraser Institute’s new book “Demographics and Entrepreneurship: Mitigating the Effects of an Aging…
Blog
Trump Administration Regulatory Agenda Released
Today the Trump administration released the Spring 2018 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
Blog
Zuckerberg Testimony Hints at Devil’s Bargain with Big Government
Much of the political class in Washington, D.C. is currently holding its breath for the big event of the week: Facebook CEO Mark Zuckerberg’s long-awaited…
Blog
Next Steps in Facebook Privacy Fallout
Privacy policies at Facebook—and, by extension, other major online platforms—have sparked furious debate in recent days because of the revelations regarding…
Blog
Rumors of Nationalized 5G Point to Need for Reform of Existing Networks
Consumers will suffer from government efforts to create a nationalized 5G telecommunications network, and the rumoured plan to move in that direction needs to be …
Blog
State of the Less Regulated Union: 6 Ways Trump Has Cut Red Tape
Rollbacks of federal regulation are a main element of the Trump administration’s economic recipe and deserve credit. It’s highly likely that the loosening of red…
Blog
Antitrust Resurgence Could Transform Tech Innovators into Lumbering Public Utilities
Regulation in the technology sector is worse than government merely picking winners and losers.
Blog
All Agency Guidance Invalid Unless Submitted to Congress
We urgently need a catalog of guidance documents that were actually submitted to Congress and the Government Accountability Office as required. …
Blog
The 2018 Unconstitutionality Index: 28 Federal Agency Rules for Every Law Congress Passes
Even when an administration tries to cut regulation, the number of rules from hundreds of federal agencies will vastly outstrip the number of laws Congress passes.