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A History of Interstate Commerce Part 3: The Expansion
The seminal event in expanding the commerce clause’s interpretation was the 1937 Supreme Court case National Labor Relations Board v. Jones & Laughlin Steel Corp.
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CEI’s Battered Business Bureau: The Week in Regulation
77 new final rules and 1,633 Federal Register pages, covering everything from prison rape to airport concession workers.
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Who’s the Outsourcer-in-Chief? Obama
Earlier, after discussing all the jobs that have been sent overseas by the Obama administration using taxpayer subsidies, I dubbed President Obama the “…
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The Myopia of “Green” Business at Rio+20
If cliches carry a grain of truth, the saying, “No good deed goes unpunished,” carries a silo in the business world. One of the sorriest…
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Bailouts Won’t Save Europe, Only Reform Will
As European leaders panic over bailouts for Southern Europe, they miss an important reality. Comprehensive structural reform is the only long-term solution for recovery. Perversely, bailouts…
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The Gift Clause: Big Government Kryptonite
Gov. Scott Walker’s recall election victory and California ballot measures garnered the bulk of headlines this month. The results indicate voters are fed up with…
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Supreme Court Ruling in FCC v. Fox Television Stations Undermines Vague Regulations at SEC, EEOC, and NLRB
In its ruling yesterday in FCC v. Fox Television Stations, the Supreme Court overturned the FCC’s finding that Fox Television was guilty of…
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Today’s Links: June 22, 2012
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A History of Interstate Commerce Part 2: Rebels Without a Clause
The Articles of Confederation, which preceded the Constitution, lacked a Commerce Clause. The federal government had no power to regulate commerce among the states. That…
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States should use gift clauses to control government spending
Deseret News Wisconsin Gov. Scott Walker seems to understand what his recall victory really means. “It was a triumph more than anything for middle-class…
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CEI Podcast for June 21, 2012: Free Speech for Me, and for Thee
Labor Policy Counsel Vinnie Vernuccio explains why today's 7-2 Supreme Court decision in the Knox v. SEIU case is an important victory for free speech.
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Government Unions Stall San Diego Pension Reform
Openmarket.org Collective bargaining privileges are facilitating the San Diego Municipal Employee Association’s (MEA) ability to wreak havoc over voter-approved pension reform. These privileges elevate union…
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FCC v. Fox Television: Protection Against Vague Laws Applies to Civil Cases and Protects Businesses
Past Supreme Court rulings like FCC v. Pacifica (1978) allow the federal government to ban "indecency" in broadcasting, and give the government a freer…
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Supreme Court Rules against Union Forced Speech
Thomas Jefferson said that, "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and…
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Government Unions Stall San Diego Pension Reform
Collective bargaining privileges are facilitating the San Diego Municipal Employee Association’s (MEA) ability to wreak havoc over voter-approved pension reform. These privileges elevate union special…
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A History of Interstate Commerce Part 1: Neither Interstate Nor Commerce
The Supreme Court’s impending decision on the constitutionality of the health care bill’s individual mandate presents a golden opportunity to review the history of the…
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President’s Deportation Order Is Legal
"[Immigration enforcement] has prosecutorial discretion and exercises it every day." That was not President Obama defending his administration's decision last week to defer…
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Google and Antitrust: Economic Liberty in the Balance
Way back when the DOJ brought an antitrust suit against Microsoft in 1990s, Milton Friedman had this to say to The Wall Street…
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Alcohol Regulation Roundup: Longest Day Edition
Happy summer solstice everyone (it was yesterday, but this is the first full day of summer)! Wherever you are, I hope you're enjoying the maximum…
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Support Rep. Diane Black’s MTI to Halt Misguided Federal Support for “Distracted Driving” Laws
Today, Rep. Diane Black (R-Tenn.) issued a notice of her intent to offer a motion to instruct (MTI) [PDF] highway bill conferees to oppose…
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Read Washington Post’s Sports Section for Great Hit at Justice’s Overreach
Excellent commentary in The Washington Post today on the Justice Department’s overreach. Take note — it appeared in the Sports section in a column…
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Today’s Links: June 20, 2012
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Net Neutrality: Two Concepts of Liberty
Two Concepts of Liberty In December of 2010, the FCC passed a network neutrality order mandating, among other things, that ISPs allow content to…
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Budget Crises and the Rule of Teacher Unions
This last May, a California teacher named Michelle Apperson received a pink slip from the Sacramento City schools. Yet she was not let go because of…
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Next steps
Over the years, we have gotten lots of inquiries about objecting to bad shareholder derivative settlements. We’d largely passed, because we had high hopes for…
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Today’s Links: June 19, 2012
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Norfolk, Virginia, While Abusing Eminent Domain To Seize 78-Year-Old Business, Attempts To Silence Free Speech
I’m a month behind on this story, but something terrible is underway in Norfolk, Virginia, that should disturb all Americans who value property rights…
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Communication Workers of America Remain a Thorn in Verizon’s Side
Communication Workers of America is seeking government intervention in order to protect union jobs at Verizon’s unprofitable wireline industry. If the union’s call for intervention…
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To Reform Public Pensions, Reform GASB Rules
Many public pension plans in the United States make riskier investments than plans in Canada and Europe, according to a new study by researchers…
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Supreme Court Issues 5-to-4 Rulings, But Not On Obamacare
The Supreme Court announced four decisions today, three of them decided by slender 5-to-4 margins, but not the long-awaited ruling about the constitutionality of…
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Bullying and Bailouts — UAW’s Strategy for Continued Existence
The UAW and its President Bob King recently targeted Nissan to be their first union-affiliated foreign automobile factory, despite the fact that Canton, Mississippi, plant…
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Victory in the W.D. Washington: Classmates.com
When attorneys affiliated with CCAF first objected on behalf of Professor Michael Krauss in the Classmates.com settlement, that case paid $52,000 to class members and over…
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Today’s Links: June 18, 2012
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CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, covering everything from gopher frogs to cotton gins.
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Sen. Rand Paul Introduces Bills to Dramatically Rein in TSA
Yesterday, Sen. Rand Paul (R-Ky.) introduced two bills aimed at reducing the power of the Transportation Security Administration (TSA). S.3303 would end the TSA’s…
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Department of Homeland Security: Some Undocumented Aliens Who Came As Children Can Stay
Today, the Department of Homeland Security (DHS) announced it will begin to grant two-year deportation deferrals for undocumented immigrants up to 30 years old…
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An IRS Trojan Horse
The IRS' proposed real-time tax system is a Trojan horse for a return-free system, in which the IRS would become your tax preparer as well…
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Losing the Universe with LOST
The Law of the Sea Treaty (LOST) has been languishing in the Senate for decades, but led by Massachusetts senator John Kerry, there is growing…
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Auto Bailouts Incurred Extra $26 Billion in Unnecessary Expenses Due to Political Favoritism by Obama Administration
In a new report, labor economist James Sherk and bankruptcy-law professor Todd Zywicki found that taxpayers lost billions in the auto bailouts…
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End in Sight for Pennsylvania’s State-Run Liquor Stores
Could it finally happen? After decades of hemming, hawing, and growing public anger over Pennsylvania’s outdated regulations, change may finally be in the cards for…
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Today’s Links: June 15, 2012
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Victory in the Seventh Circuit
As both Daniel Fisher and the Economist documented recently, the percentage of M&A transactions worth over $500 million that result in shareholder derivative suits has…
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China Takes Hard Stance on EU’s Airline Emissions Charges
It looks like it could begin a trade war — in airplanes. China has announced that it may impound European Union airplanes in retaliation if…
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WSJ: Senate May Vote on Needed Sugar Reform Amendment
In today’s Wall Street Journal, an editorial sharply criticizes the U.S. sugar program and urges Congress to vote on amendments that would significantly rein…
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CEI Podcast for June 13, 2012: Smarter Transportation Funding
When the federal government gives out transportation funding to the states, it attaches a lot of strings. The solution, according to Land-use and Transportation Policy…
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Legislators Seek to Create New, Unnecessary Protected Class: Gun Owners
Generally, the Constitution only binds the government, not the private sector. For example, the First Amendment protects speech, and even insults, but that doesn't…
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Jamie Dimon and the “Just Fine” Private Sector
It will be interesting to see how the Big Government punditocracy squares its doubling-down defense of President Obama's comments that "the private sector is…
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Employment Non-Discrimination Act Makes as Little Sense as Chemotherapy for a Cold
American business is quite happy to hire gay and lesbian employees, and needs no federal mandate to do so. Virtually all Fortune 500 companies already…
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Response: Are Unions Necessary?
Derek Thompson from The Atlantic recently wrote an article titled “Are unions necessary?” In this article, he poses the following questions: If our goal is…
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From One Nobel Prize Winner to Another: Vernon Smith on Elinor Ostrom’s Contribution to Economics
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Remembering Elinor Ostrom
Among the individuals with whom I wish I could have greater opportunities to exchange ideas is Elinor Ostrom. She passed away today, and now I…
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The Private Sector Is Not “Doing Fine,” Contrary to Claims by President Obama and Senate Majority Leader Harry Reid
Far more people have lost their jobs in the private sector than in the public sector, and the percentage of the economy consumed by…
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Today’s Links: June 12, 2012
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Union Bosses Care More about Collective Bargaining than Students
Openmarket.org In Massachusetts and Louisiana, union bosses’ recent actions indicate collective bargaining privileges and lavish contracts are their number one priority. First in Massachusetts,…
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Stigler on the Regulatory Mindset
"There are only two alternatives to the market: the state, and prayer. It turns out the two were merged in one."…
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Union Bosses Care More about Collective Bargaining than Students
In Massachusetts and Louisiana, union bosses' recent actions indicate collective bargaining privileges and lavish contracts are their number one priority. First in Massachusetts, the AFL-CIO…
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CEI’s Battered Business Bureau: The Week in Regulation
65 new regulations last week, covering everything from substance abuse to the official taxonomy of the endangered African wild ass.
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Regulation of the Day 220: Driver’s Side Mirrors
A math professor has invented a driver's side mirror that eliminates the dreaded blind spot, but regulators won't let car makers use them.
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In New York, a Private/Public Sector Union Rift
The fact that government employee unions have been at the center of budget debates across the nation underscores their outsize influence on state and local…
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Today’s Links: June 8, 2012
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Seasteading for Enterprise on the High Seas
Complete exit from the state has long been a dream of many libertarians. From the defunct Republic of Minerva (perhaps the only nation every to…
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CEI Podcast for June 7, 2012: MACT the Knife
A new EPA regulation is intended to cut mercury pollution from coal-fired power plants. Are the costs worth it? Policy Analyst David Bier, co-author of…
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Tapping Space Resources
Over at The Washington Times, Bob Zubrin says that we need space property rights. Gee, I wonder…
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Union Leaders, Not Members, Determine Union Political Donations
Mother Jones blogger Kevin Drum dismisses the fact that 38 percent of Wisconsin union households voted to retain Governor Scott Walker as “exactly the…
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Support the Broun Motion to Instruct; Oppose Future Highway Trust Fund Bailouts
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Ten Thousand Commandments and Growing
Over at ?The Washington Times?, Wayne Crews and I praise President Obama's recent regulatory reforms. They're small, but they're better than nothing:…
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Today’s Links: June 7, 2012
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Taxpayers Win as Dulles Rail Drops Pro-Union Contracting Rules
In a win for Old Dominion taxpayers, the Metropolitan Washington Airports Authority (MWAA) yesterday rescinded a pro-union project labor agreement (PLA) for the building of the Metro…
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Government Restrictions on Salt Consumption May Cost Lives
Some government officials would like to curb salt consumption, even though such restrictions could increase death rates. “The Department of Agriculture’s dietary guidelines still…
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George Will Makes the Case for the REINS Act
In his column today, George Will makes the case for Congress to take responsibility for the enormous costs which regulation imposes on American businesses…
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After Wisconsin, whither Government Unions ?
Wisconsin Governor Scott Walker’s victory in a recall election at which organized labor threw everything but the kitchen sink will likely encourage lawmakers in other…
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In Confronting Unions, Walker Further than Reagan
When Wisconsin Governor Scott Walker first put forward his public sector labor reform, organized labor and its allies tried to portray the legislation -- especially…
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Bhagwati: How the Multilateral Trade System Is Being Eroded
Trade economist Jagdish Bhagwati’s latest article points out dangers to the world trading system of bilateral and regional trade agreements between unequal partners that…
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Twisting the Law to Punish Heretics: Elane Photography v. Willock
Judges are supposed to interpret laws narrowly if a broader interpretation would potentially encroach on religious freedom. For example, in NLRB v. Catholic Bishop…
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Washington’s Ten Thousand Commandments
The 2012 edition of “Ten Thousand Commandments” is out now. If you don’t feel like reading all 66 pages (though I recommend you do!),…
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Cut The Budget By Cutting Republican Sacred Space Cows
Over at Forbes, Cato’s Doug Bandow says that the Republicans need to lead by example: Presumptive Republican Party nominee Mitt Romney…
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A Liberal War on Women: “New Law Keeps Many Homemakers from Qualifying for Credit Cards”
The Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), a law passed by a liberal Congress and signed by President Obama, “…
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CEI’s Battered Business Bureau: The Week in Regulation
58 new rules despite the short work week, covering everything from dishwashers to Maine lobsters.
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Wisconsin Recall: A High Stakes Battle
The past 15 months in Wisconsin have been tumultuous to say the least. Gov. Scott Walker of Wisconsin is facing a recall after labor unions…
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New Space Property Rights Criticism
Over at the Space and Cyberlaw blog, Eric Dawson takes issue with my issue analysis on space…
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Unemployment Rises, Debunking Obama Stimulus Claims
“The joblessness rate jumped to 8.2 percent. What makes that number particularly painful is that the Obama Administration claimed that the unemployment rate today would…
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Supreme Court Takes Another Bite Out of Constitutional Protections Against Double Jeopardy
The Supreme Court recently weakened constitutional protections against double jeopardy in Blueford v. Arkansas, a homicide case. The 6-to-3 decision was written by Chief…
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Maryland Gov. O’Malley Grants Big Labor Protections from Disclosure
Openmarket.org In Maryland, labor unions join the protected ranks of doctors and lawyers with respect to confidentiality privileges. In early May, Maryland Governor Martin O’Malley…
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Maryland Gov. O’Malley Grants Big Labor Protections from Disclosure
In Maryland, labor unions join the protected ranks of doctors and lawyers with respect to confidentiality privileges. In early May, Maryland Governor Martin O’Malley signed…
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Stand with State Farm as it Stands with ALEC
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New York City Mayor Michael “Nanny” Bloomberg Wants To Ban Super-Sized Soda
The infamous mayor, known for instituting paternalistic food policies, like banning trans fats and Four Loko, limiting salt, regulating calories, is at it again.
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Victory in Dewey v. Volkswagen!
WASHINGTON, DC – The Center for Class Action Fairness LLC announced today its victory in the U.S. Court…
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Lawyer Arrested for Constitutionally Protected Blogging Against Convicted Bomber, After Hearing Before Judge C.J. Vaughey
Earlier, I wrote about how a judge in Montgomery County, Maryland (a liberal bastion), had silenced a critic of convicted "Speedway Bomber" Brett…
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CEI Podcast for May 31, 2012: Ten Thousand Commandments
Congress passed 81 bills last year, while agencies passed 3,807 regulations. This, according to Vice President for Policy Wayne Crews, is regulation without representation.
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Today’s Links: May 31, 2012
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PATTERSON: June can’t come soon enough
The Washington Times June is shaping up to be a pivotal month for American liberty. On one front, the Supreme Court is expected in June…
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May update
A disappointing loss in Cobell v. Salazar, the first time I lost a federal appeal I’ve argued. We’re still evaluating our options.
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If Only All Policemen were Leroy Jethro Gibbs
As a fan of NCIS, I’m quite aware of the government's ability to track the location of individuals through their cell phones. One of the…
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CPSC Commissioner Challenges Precautionary Principle
Most of the time regulators focus on issuing rules, pushing paper, and often making business more difficult than necessary. But every once and a while,…
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Long Commutes Will Kill You? A Brief Response to Matt Yglesias’s Post
Slate blogger Matthew Yglesias, a center-left economics writer whose work I generally enjoy reading, has a new post up with the title, "Long Commutes…
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Causes of Public Pension Underfunding Are Not Hard to Identify
As if on cue, nearly every time state and local government officials try to rein in public employee pension costs in order to bring their…
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The Futility of Religious Profiling at Airport Security Checkpoints
“Obviously, Muslims would be someone you'd look at, absolutely,” former-Senator Rick Santorum said during a GOP presidential debate last year. “Radical Muslims are…
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Today’s Links: May 30, 2012
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Injunction Imposed Over Blog Posts That Criticized Convicted Terrorist-Turned-Left-Wing Activist
In 2005, a New Mexico judge appalled people across America by issuing a restraining order against David Letterman after a wacky woman accused Letterman…
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Paycheck Fairness Act Contains Unfair Provisions, Would Result in Equal Pay for Unequal Work
“Senate Majority Leader Harry Reid, D-Nev., scheduled a vote on the Paycheck Fairness Act when the Senate returns from its week-long recess,” reports Susan…