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Government’s Speech Double Standards
Thanks to overbearing government, there are huge double standards when it comes to free speech. Rulings of the National Labor Relations Board (NLRB) force employers…
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How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations
This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
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Export-Import Bank Supporters Dealt Setback in Congress
The Export-Import Bank’s supporters and beneficiaries very nearly scored a major victory last week. Ex-Im, as it’s called for short, was shut down for about…
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Free Market Allies Challenge Legality of EPA’s Clean Energy Incentive Program
On behalf of policy analysts from 13 non-profit free-market organizations and seven independent scholars, I have submitted a joint comment letter…
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This Week in Ridiculous Regulations
It was a busy week, with Friday’s Federal Register alone containing 52 final regulations and 809 pages.
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RealClear Radio Hour: Big Science with Jeremy Berg and Daniel Sarewitz
This week on RealClear Radio Hour, Drs. Jeremy Berg and Daniel Sarewitz discuss the politics and culture of Big Science.
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Join the National “I, Whiskey” Watch Party
Please join us and other friends nationwide on October 19th for a viewing of the new short film I, Whiskey: The Human Spirit.
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Federal Communications Commission Delays Vote on Cable Box Rules
How would the proposed rules change cable set-top boxes?…
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How a New President Can Roll Back Bureaucracy, Part 9: Improve Classification of Major Rules
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Congress’s Aversion to Power Undercuts Constitutional Safegaurds
A foundational principle behind the structure of the U.S. government, as provided by the Constitution, is that human beings are power hungry.
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Senate Democrats Block Zika Bill, for the Fourth Time
Three times in the past, Senate Democrats blocked a bill that would have provided funding to fight Zika, and suspended certain regulations (it would have…
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How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
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What President Obama Will Not Tell Leonardo DiCaprio About Climate Policy
“President Obama will meet with actor Leonardo DiCaprio at an upcoming White House-sponsored arts festival to discuss the dangers posed by climate change,” the Washington…
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House Considers Bill Delaying Department of Labor’s Overtime Rule
Today, the House Rules Committee will consider Representative Tim Walberg’s bill to delay implementation of the Department of Labor’s overtime rule.
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How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
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CEI Files Opening Brief in TSA Body Scanner Lawsuit
Yesterday, CEI, The Rutherford Institute, and two CEI employees (VP of Strategy Iain Murray and yours truly) filed our opening brief against the Transportation Security…
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Tom Cotton’s Last Minute Anti-Gambling Bill
Sen. Tom Cotton (R-AR) fears the Internet.
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This Week in Ridiculous Regulations
Agencies issued more than six dozen new final regulations last week, ranging from minerals to dates.
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How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
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Surface Transportation Board Seeks to Impose Backdoor Railroad Price Controls
The infamously destructive Interstate Commerce Commission (ICC) may be history, but many outside of the railroad policy world are unfamiliar with its predecessor: the Surface…
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RealClear Radio Hour: Penniless Presidencies and Fashioning America
This week, we discuss two new books covering the national debt crisis and political values with authors Dr. Alan Axelrod and Cathy Lynn Taylor.
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Comment on EPA Power Plan’s Alleged Air Pollution “Co-Benefits”
Climate activists assure us that even if we don’t consider global warming a big problem, we should still support carbon taxes, renewable energy quota, and…
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Obama Readies the Military for Climate Change, Our No. 1 Global Threat
The White House on 21st September released a Presidential Memorandum on Climate Change and National Security. Section 1 states its purpose: “This memorandum establishes a…
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Economics Made the World Great – and Can Make It Even Better
This week our friends at the Mercatus Center at George Mason University hosted their Annual Dinner here in Washington, D.C., and it was an elegant…
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Mr. Robot and the Future of Money
Last week, the cult USA channel TV show Mr. Robot showed once again why it is required viewing for anyone interested in technology.
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Inquiry into Judicial Deference
Deference is judicial respect for agency interpretations of ambiguities in texts that carry the force and effect of law.
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Issues to Watch in Next Week’s Clean Power Plan Oral Argument
Next week the D.C. Circuit Court of Appeals hears oral argument on EPA’s so-called Clean Power Plan (CPP), which establishes first-ever carbon dioxide (CO2) emission…
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How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents
When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…
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How the Next President Can Improve Labor and Employment Policy
With the presidential election heading into the first debate, what can the next president do to improve national labor and employment policy?…
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Reform of “Toxic Substance” Rules Could Increase Health Risks
Although it was not unwarranted for safety reasons (as I detailed before), TSCA reform has granted the Environmental Protection Agency (EPA) greater power to remove…
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A Free Market Response to the Federal Automated Vehicles Policy
The quickest way to slam the brakes on innovation is for bumbling bureaucrats to outlaw it.
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Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
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RIP Reed Larson
Don’t have to pay union dues? You can probably thank Reed Larson.
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Response to Prof. Ronald Levin on ‘Auer Deference’
Last week, I posted about an ongoing symposium at Notice & Comment, regarding Auer deference to agency interpretations of their own regulations.
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Ghost Rules and Dark Matter: Developments in Regulatory Law
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Obama Administration Violates Judicial Independence in Dakota Pipeline Case
Last week, I lambasted the Obama administration for effectively overturning an Article III court decision regarding the Dakota Access Pipeline. Below is a summary of…
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How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
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This Week in Ridiculous Regulations
Agencies issued 78 new regulations last week, ranging from cherries to dairy.
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RealClear Radio Hour: Sensible Science and Authenticity
On this week’s RealClear Radio Hour, Tracey Brown weighs risk, reward, and science, and Glenn Carroll describes authenticity’s paradox.
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Obama’s Worst Power Grab Yet
The $3.7 billion Dakota Access Pipeline is a partially completed project that would move almost 500,000 barrels of oil daily from the Bakken oil fields in…
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House Panel Holds Hearing on Its Power to Investigate New York and Massachusetts AGs
On Wednesday (September 14, 2016), the House Science, Space, and Technology Committee held a hearing on the Committee’s efforts to subpoena documents from the New York…
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Wells Fargo and the Principal-Agent Problem
The Consumer Financial Protection Bureau has celebrated the $100 million fine it has imposed on San Francisco bank Wells Fargo for its employees’ improper handling…
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How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset
Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…
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Appreciate Checks and Balances on Constitution Day
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
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Sexual Harassment Regulation Expands Federal Bureaucracy
Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note that “Today we have an elaborate and growing federal…
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Everything You Should Know about ‘Auer Deference,’ the Most Pressing Issue in Administrative Law
Among the most controversial topics in administrative law is the propriety of Article III courts giving binding deference to agency interpretations of their own regulations.
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How Financial CHOICE Act Rescues Unbanked Americans
If the New York State Department of Labor is really concerned about unbanked employees being hit with fees, it should lend its support to the…
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Arizona Supreme Court Rules Taxpayers Should Be Forced to Subsidize Government Unions
Yesterday, the Arizona Supreme Court determined that there is no better way to spend tax dollars than to give them to government unions so that…
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How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
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When It Comes to Trade Our Leaders, Not Other Countries, Are Ripping Americans off
In recent weeks, trade has repeatedly come up in discussions and speeches by presidential candidates. Donald Trump says he would renegotiate NAFTA, while Hillary Clinton’s…