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  • Secretary Scalia to Pension Funds: Manage for Returns, Not Virtue Signaling

    June 24, 2020
    In a Wall Street Journal op-ed, Labor Secretary Scalia explains the reasoning behind a proposed rule reaffirming that pension funds should focus on providing benefits to retirees. The current vogue for investments guided by environmental, social, and corporate governance goals has raised concerns that fund managers have been playing politics with the retirement nest eggs of American workers.
  • The Flawed EARN IT Act: Rights and Common Sense Should Not Have to Be Earned

    June 24, 2020
    The EARN IT Act is set for a markup in the Senate Judiciary Committee as early as this Thursday. Essentially the bill conditions intermediary liability protections for web services, known as Section 230, on yet-to-be-determined regulatory guidance regarding online child sexual abuse material (CSAM). While the need to combat CSAM is clear, the EARN IT Act is a fundamentally flawed vehicle for doing so.
  • Supreme Court Declines to Hear Steel Tariff Case: Time for Congress to Act

    June 23, 2020
    President Trump’s steel tariffs were intended to boost U.S. manufacturing. They backfired to the point where a group of steel-using industries sued to stop the tariffs. The case wound its way up to the Supreme Court, which this week announced it would not hear it. The tariffs will remain in place. The Trump tariffs have to go. Since the Court will not step up, Congress must act.
  • Is Apple a Bad Antitrust Apple?

    June 22, 2020
    The European Union announced last week that it is pursuing two antitrust probes against the tech giant. EU authorities are investigating whether Apple violated European competition laws through its App Store or Apple Pay. Those cases will likely require some fancy footwork from European antitrust enforcers, but winning a case against Apple stateside would be an even bigger lift.
  • This Week in Ridiculous Regulations

    June 22, 2020
    Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way around. This analyst’s warnings about trade barriers being tools for corruption have turned out to be correct. Meanwhile, regulatory agencies issued new regulations ranging from anabolic steroids to single-use chambers.
  • Webinar Panel: Thoughts on the HEROES Act and Regulation of the Debt Collection Industry

    June 18, 2020
    Debt collection firms play a vital role in a market economy, as part of the "plumbing"—the underlying architecture—that makes modern credit markets possible. Legislation to constrain the debt collection industry would disrupt credit markets, ultimately hurting consumers.
  • Has Trump Been a Net Deregulator?

    June 18, 2020
    Pierre Lemieux, in Regulation magazine, draws from the new 2020 edition of Ten Thousand Commandments to estimate the Trump administration's net impact on regulation. Trump’s first three years are mixed. He deregulated in some areas and added rules in others.
  • Emergencies and the Project Manager’s Dilemma

    June 17, 2020
    Government agencies’ initial responses to the COVID-19 crisis were notable for one particular characteristic: incompetence. From basic errors in data collection, through failed lab safety precautions, to contradictory messaging about the effectiveness of masks, the record of agencies like the CDC and FDA has been distinctly subpar. Americans are entitled to ask why.
  • You’ve Been Volunteered—San Francisco’s Lawsuit against DoorDash

    June 17, 2020
    San Francisco has sued DoorDash for allegedly misclassifying its employees as contractors, but concedes in its own lawsuit that the “gig economy” company’s drivers work on a voluntary basis. That would classify the drivers, known as “dashers,” as contractors and not employees. The city then tries to argue in the lawsuit that this somehow doesn’t matter.
  • A Look At Trump’s Deregulatory Record and How More of the Same Can Anchor the Next Coronavirus Recovery Package

    June 17, 2020
    I remembered wondering in 2017 whether the federal government would be larger or smaller after four years of Trump. The debt has now topped $25 trillion and the deficit alone will top $4 trillion, a figure that, incredibly, is higher than all federal outlays as recently as 2015. In the meantime, President Trump can and should use a meataxe on regulation unilaterally.

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