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OpenMarket: Clyde Wayne Crews

  • Facebook's Call for Regulation Could Lead to Government Censorship

    April 3, 2019
    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 the few. Facebook, Google, and other social media firms do not “censor”—only government can do that.
  • Regulation and Neglected Costs of Authoritarianism and Over-Criminalization

    March 19, 2019
    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 in particular represented the peak of the exception.
  • Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators

    March 13, 2019
    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 Congress accountable for agencies’ rules and regulations, but the deeper reality is that Congress already is accountable, in the sense of blame, for the current state of affairs.
  • The Regulatory Costs of Abandoned Federalism

    March 6, 2019
    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 loss of federalism and enfeeblement of the constitutional authority of the states.
  • Costs of Regulatory Takings and Property Value Destruction

    February 26, 2019
    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 for compensation is a feature, rather than a bug, of the administrative state. The very point of regulatory takings, as distinct from an outright seizure, is to circumvent and hide costs.
  • Regulatory Costs and the Loss of Liberty

    February 19, 2019
    From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.
  • Unmeasured Meta-Costs of the Administrative State

    February 13, 2019
    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 roots of bureaucratic governance and checks/non-checks on the administrative state. Given substantial gaps in what is known about the regulatory state, an overhaul of an archaic 20th century regulatory taxonomy that neglects and obscures regulatory burdens is warranted, so I presented an outline inventorying undisclosed and unfathomed costs of regulation, intervention, and burdens.
  • Administrative Procedure Act Limitations: Process and Oversight Shortcomings

    February 5, 2019
    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 limitations covered rule cost categories prone to escaping measurement and disclosure; this column identifies some process/oversight shortcomings. There are far more extensive costs with respect to the administrative state as a phenomenon beyond mere execution of the APA (some are outlined here) that will be covered elsewhere.
  • A Brief Outline of Undisclosed Costs of Regulation

    January 30, 2019
    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 administrative state, as well as some of the roots of bureaucratic governance. While there is always heated discussion about the costs of regulation, it is apparent that less is known than unknown about the scope of federal regulation and its social and economic effects.
  • Administrative Procedure Act Limitations: Cost Measurement and Disclosure

    January 30, 2019
    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 delay of work and decisions, or even results in “imperiousness” and “jerk[ing] people around.”


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