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  • For Better Policy, Congress Should Stop Punting to Executive Agencies

    June 19, 2019
    Yesterday the Federalist Society’s Regulatory Transparency Project and Article I Initiative hosted a fascinating panel discussion here in Washington, D.C. about the dynamic relationship between Congress and federal regulatory agencies. Panelists assembled in the National Press Club to discuss a new law review article by Prof. Donald Kochan of Chapman University titled “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress.”
  • Facebook Libra Highlights Flaws of Fed Foray into Real-Time Payments

    June 19, 2019
    More than ten years after the pseudonymous Satoshi Nakamoto published the source code for Bitcoin, and after hundreds of other cryptocurrencies have been introduced, Facebook is the latest entrant in the cryptocurrency market. Yesterday, Facebook launched a new digital currency called Libra that will attempt to combine a decentralized blockchain—the hallmark of successful cryptocurrencies—with the reach of the Facebook community.
  • Overhaul Internal Operations at Consumer Financial Protection Bureau

    June 19, 2019
    One of the most important, yet least visible, changes a new Consumer Financial Protection Bureau director could make is to reform the internal operations of the agency. This would include reforming everything from its hiring, rulemaking, enforcement processes and the structure of its departments, as well as championing a new “vision” of consumer protection. 
  • Introducing Antitrust Basics

    June 17, 2019
    Often, a drips-and-drabs approach to learning an issue over a period of time is as effective as a single intense cram session. To that end, this post inaugurates a series to familiarize readers over time with the basics of antitrust regulation. This is important because the current antitrust revival is reaching a fever pitch.
  • Regulators Should Foster Financial Innovation

    June 17, 2019
    It is becoming increasingly apparent that financial technology, or “fintech,” like other forms of technology, can drastically improve consumers’ lives. Yet one of the most glaring failures of the Consumer Financial Protection Bureau has been its neglect of the role of financial innovation.
  • This Week in Ridiculous Regulations  

    June 17, 2019
    Last week, a Canadian team won the NBA championship for the first time, while an American team won the Stanley Cup. This week brings us the Competitive Enterprise Institute 35th Anniversary Dinner and Reception. Meanwhile, agencies published new regulations ranging from Segelflugzeugbau to e-cigarettes.
  • Electric Vehicle Tax Credits Not Popular with Americans: Poll

    June 14, 2019
    A recent survey conducted for the American Energy Alliance clearly shows that the public does not support congressional efforts to extend or expand federal tax credits for purchasers of electric vehicles. Current subsidies of up to $7500 are available only for the first 200,000 EVs sold by each automaker. 
  • VIDEO: How to Become a Federal Criminal

    June 14, 2019
    Have you ever made an unreasonable gesture to a passing horse in a national park? If so, you are already a federal criminal. For the rest of us, there’s a new work of reference, humor, and legal theory from attorney Mike Chase titled “How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender.”
  • Democrats' Criticism of Department of Labor Overtime Rule Misguided

    June 13, 2019
    Overtime regulation has been a hot topic since the Obama administration proposed and finalized a rule that radically overhauled such requirements. Before this rule, which raised the salary threshold for overtime eligible employees from $23,660 to $47,892, took effect it was struck down by a federal district court in 2017.
  • This Summer, Celebrate Lemonade Freedom

    June 12, 2019
    There is good news for young entrepreneurs coming out of the Lone Star State, as Texas Gov. Greg Abbott (R) recently signed a bill allowing children to operate lemonade stands without needing a permit. Specifically, it “prohibits cities and neighborhood associations from enacting rules that block or regulate minors trying to sell nonalcoholic beverages on private property.”

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