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  • This Week in Ridiculous Regulations

    June 24, 2019
    Wednesday, the day before the Competitive Enterprise Institute’s 35th anniversary gala dinner, saw no new final regulations published in the Federal Register. This may be the first non-shutdown Federal Register issue with no new rules since this blog series began tracking such things in 2012 or so. Even so, the 2019 Federal Register is poised to break 30,000 pages this week. Meanwhile, agencies published new regulations ranging from Blazing Paddles to cotton warehouses.
  • Search for the Hand: 2019 CEI Dinner Movie

    June 21, 2019
    Last night was the Competitive Enterprise Institute’s 35th anniversary dinner and gala here in Washington, D.C., and a crowd of several hundred friends and supporters made the evening very special. The crowd was especially moved by tributes from the stage to founder Fred Smith by current CEI President Kent Lassman and longtime friend-of-the-Institute Rebecca Dunn.
  • Australia Needs an Administrative Procedure Act

    June 21, 2019
    In the United States, there is an intellectual movement going on the likes of which have not been seen in nearly a century. The administrative state, otherwise known as the “headless fourth branch of government,” is in a legitimacy crisis. Its very foundations are being challenged on multiple fronts.
  • Political Realignment Is Big Problem for Free-Market Supporters

    June 20, 2019
    Angela Nagle, an economic nationalist and author of “Kill All Normies,” recently argued on a podcast that, “Conservatives are starting to have these interesting debates internally about the fact that capitalism is not being their friend and helping their cultural project. […] The priorities of economic libertarianism no longer make sense."
  • ACE Rule Massive Improvement over 'Clean Power' Plan

    June 20, 2019
    The Environmental Protection Agency (EPA) yesterday finalized its Affordable Clean Energy (ACE) rule to regulate carbon dioxide emissions from existing coal power plants under Section 111(d) of the Clean Air Act. ACE simultaneously repeals the Obama administration’s so-called Clean Power Plan (CPP).
  • Commonsense New Debt Collection Rule from Consumer Financial Protection Bureau

    June 20, 2019
    The Fair Debt Collection Practices Act (FDCPA) was passed in 1977, over forty years ago, at a time when telecommunication technology was in its infancy and the consumer Internet did not exist. Since that time, the technology used to communicate with customers has changed drastically. As one might suspect, the FDCPA has not kept up with these dramatic changes.
  • 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.

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