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CEI primer on agency adjudication
Agency adjudication is the process by which administrative agencies resolve legal disputes that implicate regulatory policies. Agencies render decisions through in-house tribunals commonly known as…
The Daily Economy
DOGE Gets Serious in Its War on the Administrative State
I have argued for over a decade that America has a fourth, largely unaccountable branch of government in the administrative state. My 2012 book, Stealing…
Blog
Coinbase’s FOIA complaints against FDIC raise serious government transparency concerns
In the waning days of the Biden administration, whistleblowers and investigative journalists put forth alarming revelations of financial regulators jawboning banks to cut off services…
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‘Economically significant’ regulations: an obituary
I never thought I’d miss “economically significant” rules and regulations. But Joe Biden’s Executive Order 14094 (“Modernizing Regulatory Review”) has redefined “Significant regulatory action.”…
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Is Biden admin disappearing a red flag for costly regulations?
Is the Biden administration trying to do away with the category of “economically significant” regulations altogether? Before this administration, an “economically significant” regulation was one…
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Time to shine more light on regulators’ ‘shadow boxes’
Accompanying presidential executive orders and memoranda are the numerous sub-regulatory proclamations of departments and agencies we like to call “regulatory dark matter.” Occasionally we…
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SEC just dismissed dozens of cases before its ‘not-quite courts,’ thanks to real court rulings
For over a decade, the Securities and Exchange Commission (SEC) has been forcing people into in-house quasi-judicial proceedings that lack the basic constitutional protections of…
Blog
Debt deal’s PAYGO law won’t pay out. Here’s how to fix it.
In an effort to curb excessive government spending, a provision known as statutory administrative PAYGO (Pay-As-You-Go) has been introduced in the debt ceiling deal struck…
The Hill
Chevron case: Supreme Court could take sledgehammer to agency power
Devin Watkins, an attorney at Competitive Enterprise Institute, which filed a brief supporting the fishermen, argued the case demonstrates how powers expressly…
