There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts

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Ten Thousand Commandments 2025 is out now
The 2025 edition of CEI’s flagship report, Ten Thousand Commandments, is out today. For more than 30 years, my colleague Wayne Crews has been…

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Free the Economy podcast: Reforming Washington’s 10,000 Commandments with Wayne Crews
In this week’s episode we cover the political roots of totalitarianism, why we should put Fannie Mae and Freddie Mac out to…

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Ten Thousand Commandments 2025
Introduction Record federal debt is contributing to record-setting regulatory burdens. While new spending programs show up in budget figures, new regulations requiring the private sector…
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Supreme Court Overturns Life Sentences Without Parole for Violent Juveniles, Citing “International Opinion”
The Supreme Court has just held that violent juveniles cannot be given a life sentence without the opportunity for parole, unless they succeed in killing…
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Preempting State Pension Bailouts
Congress has long used its control of the federal government’s purse strings as a club with which to force states to change laws that fall…
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The Myth of Bush the Deregulator
Contrary to popular belief, the Bush administration was the best friend regulators have had in a generation or more.
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Sometimes I Think They’re Just Messing with Us
Here's an excerpt from an early 1980s Office of Management and Budget report.
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Radical Law Professor Goodwin Liu Approved as High-Ranking Judge by Senate Judiciary Committee, on Party-Line Vote
Radical law professor Goodwin Liu was approved to sit on the federal appeals court for the Ninth Circuit in a party-line, 12-to-7…
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CEI Weekly: CEI Defends Internet Freedom
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's defense of the internet against new FCC regulations by…
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Bailout Supporters Lose Elections in Germany and Utah; Obama Administration Presses Ahead With More Bailouts
Senator Robert Bennett lost reelection in Utah’s Republican primary amidst anger over his vote for the $700 billion bank bailout known as TARP.
Op-Eds
Dems Block Reform of Corrupt Mortgage Giants
In a party-line, 56-to-43 vote Tuesday, Senate Democrats blocked any reform of Fannie Mae and Freddie Mac, the corrupt, government-backed mortgage giants…
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CEI’s FTC Complaint Against GM: A Response to Walter Olson
Over at Cato@Liberty, Walter Olson criticizes CEI’s filing of an FTC complaint against General Motors regarding a recent television advertisement by the…
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Regulation of the Day 137: Brownie Recipes
The Pentagon's official brownie recipe is 26 pages long.
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Democrats Block Reform of Corrupt Mortgage Giants; Fannie Mae and Freddie Mac Will Receive Billions More in Bailouts for Government-Sponsored Enterprises
In a party-line, 56-to-43 vote yesterday, Senate Democrats blocked any reform of Fannie Mae and Freddie Mac, the corrupt, government-backed mortgage giants that…
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ObamaCare Deeply Unpopular: Democratic Congressman Who Voted for Health Care Bill Loses Primary Election
ObamaCare is so unpopular in West Virginia that veteran Democratic Congressman Alan Mollohan lost reelection in yesterday’s Democratic primary to a state senator who…
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The Enviro-Left Machine in Action
Fenton Communications has a long history of work within the left-wing advocacy apparatus. I’m delighted to see a great addition to the blogosphere, the…
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The Toyota Hobgoblin, my piece in today’s Philly Inquirer
‘The whole aim of practical politics,” wrote H.L. Mencken, “is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing…
Newsletter
Cap and Trade, FCC’s “Future of Media” Project and Another Fannie Mae Bailout
Sen. Lindsey Graham withdraws his support for climate legislation co-sponsored by Sens. John Kerry and Joe Lieberman. The Federal Communications Commission is launching a “Future…
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Mortgage Giant Seeks Another $8.4 Billion in Bailouts, After Obama Lifts $400 Billion Limit on Bailouts for Government-Sponsored Enterprises
Mortgage giant Fannie Mae is seeking another $8.4 billion in federal bailout money, after the Obama administration earlier lifted a $400 billion limit…
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Friday Regulation Roundup
In Yukon, Oklahoma, it is illegal for a patient to pull a dentist's tooth, plus more.
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Let Your Voice Be Heard
Today's Daily Caller features an article of mine about CEI's entry in the EPA's YouTube video contest on regulations.
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D.C. Rail Fetishists Propose “Free” Trolleys
If you believe the “city of northern charm and southern efficiency” is geared solely toward imposing stupid, expensive directives on the rest of the country,…
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Taxpayers to Put Up Billions More for Bailouts of Greece and Corrupt Mortgage Giant
Government-sponsored mortgage giant Freddie Mac is demanding another $10.6 billion in bailouts, which the Obama administration is expected to give it. Obama’s so-called…
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CEI Weekly: CEI Catches GM’s Misleading Ad
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's complaint filed to the FTC against General Motors for…
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Federal Register Hits 25,000 Pages
This morning, the 2010 Federal Register passed the 25,000 page mark.
News Release
EPA Contest Asks How Big Government Helps You, CEI Answers in New Video
How does Big Government help you? The Environmental Protection Agency wants to know. Today, the Competitive Enterprise Institute has the answer.
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General Motors Accused of Fraud Over Misleading Claim That It Paid Back Taxpayers; CEI Files FTC Complaint
The Competitive Enterprise Institute filed a complaint today against General Motors with the Federal Trade Commission, over…
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The NEW reason for fomenting pig flu panic – “Use up those vaccines!”
According to Reuters, the U.S. has 71 million unused H1N1 swine flu vaccine doses. And damned if it isn’t determined to use up every…
Op-Eds
GM’s Tricky Payback
President Obama’s tax-cheat treasury secretary, Tim Geithner, is trumpeting the fact that General Motors has paid back a small fraction of what taxpayers…
Op-Eds
“Financial Deform: So-Called U.S. bank Reform Does Little But Hurt Taxpayers”
The CEO of Goldman Sachs, the Wall Street firm the SEC has accused of fraud, has endorsed the so-called financial “reform” bill…
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Bogus Financial “Reform” Bill Regulates Internet, Does Nothing About Corrupt Government-Sponsored Mortgage Giants Fannie Mae and Freddie Mac
The so-called financial “reform” bill backed by President Obama gives federal bureaucrats new powers over the Internet, while doing nothing about the corrupt government-backed…
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ObamaRail: Great for Railfans, Bad for Transportation
In 2000, Florida voters approved a constitutional amendment (the “Monorail Initiative“) authorizing the creation of a high-speed intercity rail network. However, as the economy…
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Consumer Financial Protection Bureau – be careful what you wish for
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Regulation of the Day 136: Off the Record
If you work for the Department of Energy's Federal Energy Regulatory Commission, a regulation in 18 CFR 385.2201 requires you to keep records of off-the-record…
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Hypocritical California Government Boycotts Against Arizona Over Immigration Law
“Representatives at three levels of California government were quick to call for economic measures against neighboring Arizona this week in the wake of its…
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CEI Weekly: CEI Protects Main Street From Financial Reform Bill
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's coalition efforts with other organizations to show the harms…
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“How many regulators does it take . . .?
On Bankstocks.com Thomas Brown has a clever piece about why a new consumer financial protection agency doesn’t make any sense. He describes a commercial…
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Supreme Court Overturns Ban on Cross; Gay-Marriage Opponents Will Lose Privacy Battle; Controversial Judicial Nominees; Wal-Mart Faces Mega-Lawsuit
In a splintered ruling, the Supreme Court ruled that a trial judge erred in issuing an injunction against a cross honoring veterans. It…
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Regulation of the Day 135: Mustache Nets
Just like church and state, hair and food are best kept separate. Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood:…
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Goldman Sachs Endorses Trojan-Horse Financial “Reform” Bill; Bill Has Payoffs for Special Interests
The CEO of Goldman Sachs, the Wall Street firm accused of fraud by the SEC, has endorsed…
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FDA Salt Statement Leaves a “Mistaken Impression”
Some 80 years ago this month, Mahatma Gandhi led tens of thousands on a 240-mile march in protest against a British salt tax, inciting millions…
Op-Eds
ObamaCare vastly expands IRS red tape
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
News Release
‘Grave Concerns’ Persist on Stalled Senate Financial Reg Bill
Washington, D.C., April 28, 2010—For the third time in three days, Senate Republicans joined by Ben Nelson (D-Neb.) have defeated an effort to ram…
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ObamaCare Vastly Expands IRS Red Tape and Power, Raises Medical and Insurance Costs, Taxes, and Deficits, and Harms Very Sick People
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
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Regulation of the Day 134: Not Voting
Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that…
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As financial vote fails in Senate, Florida shows how to really protect consumers from deception
Yesterday, the Senate failed to achive the 60 votes necessary to move forward on the Restoring American Financial Stablity Act. All Republicans present and Sen.
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Fixing America’s Immigration Black Market
In today's American Spectator, Alex Nowrasteh and I make the case that lowering the cost of legal immigration through liberalization will reduce the amount of…
Op-Eds
Enough with SEC Porn; What about Obama’s Financial Lies?
There are plenty of problems with the financial “reform” bill, but the media aren’t interested in that. They’re much more interested in revelations that…
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ObamaCare Will Raise Insurance Premiums and Health Care Costs, Perhaps Bankrupt Hospitals, Federal Officials Admit
“Economic experts from President Obama’s own Health and Human Services Department have released a devastating report noting that Obamacare ‘will increase national health care…
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CEI Weekly: Horner Talks “Power Grab” on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's appearance on Fox News' Hannity shot to talk…
Newsletter
Financial Regulation, Online Gambling and Chewing Tobacco
The Senate is set to vote on Senate Banking Committer Chairman Chris Dodd's bill to extend financial regulation. A new study estimates that the ban…
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Porn More Interesting to Media Than Flaws of Financial ‘Reform’ Bill; Obama Is “Lying His Face Off”
There are plenty of problems with the financial “reform” bill, but the media aren’t interested in that. They’re much more interested in revelations that senior…
Op-Eds
Dodd Financial Bill Attacks Main Street
As Congress prepares to vote on debating Sen. Chris Dodd’s “Restoring American Financial Stability Act,” a broad spectrum of conservative and free-market groups expressed…
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Center-Right Coalition Letter Opposes Toxic Provisions in Dodd Bill
Below is a letter sent today to the Senate that was signed by several prominent groups in the Center-Right Coalition expressing “grave concerns about the…
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Obama Uses Phony Rhetoric About Financial ‘Reform’ to Push Bill That Enriches Special Interests and Perpetuates Bailouts
President Obama has collected millions from Wall Street special interests, his administration is chock full of Wall…
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Friday Regulation Roundup
Some of the stranger governmental goings-on I’ve dug up recently.
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Public Employee Unions’ Suffocating Grip on California
The current issue of the Manhattan Institute’s City Journal features a must-read account of how government employee unions have turned California into “The Beholden…
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General Motors Repays Tiny Portion of Taxpayers’ $50 Billion Bailout; Obama Backers Bash Critics of Bailout
President Obama’s tax-cheat treasury secretary, Tim Geithner, is trumpeting the fact that General Motors has paid back…
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“Basic needs” need to be regulated, say Dems
Reason’s Ron Bailey, in an “I told you so” article today, points out that Senate Democrats are poised to support a bill that would…
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Earth Day Agriculture and Sustainable Intensification
What’s the most sustainable way to grow the food we eat? The answer environmentalists give is always "local and organic." But, increasingly, the answer from…
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Even Cranky Liberals Are Coming to Understand the Air Travel Sector!
Brett Snyder, editor of the web site, crankyflier.com, wrote a revealing column this weekend, “Don’t let bag fees make you nostalgic. Airlines’…
Op-Eds
Examiner Right to Oppose Unending Bank Bailouts (Letter to the Editor)
The Examiner was right to oppose the Trojan horse financial “reform” bill that would enrich Goldman Sachs, the Wall Street firm that makes big…
Op-Eds
Wall Street Bill Targets Nevada Incorporations
Over the past year, Senate Majority Leader Harry Reid has made pointed efforts to show Nevadans his advocacy on their behalf. In defending new…
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The Private Provision of Surface Transportation Infrastructure in the United States
Private sector involvement in surface transportation infrastructure is not new. Public and private turnpikes—roads that require the payment of a toll for passage—have existed for…
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Financial Reform
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Mark-to-Market Accounting Rules
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For Profit, Not-for-Profit and Government – The Metric Problem
Americans tend to forget the value of institutional specialization. A private for-profit firm has a straightforward metric – maximizing shareholder profit-a complex goal, requiring managers…
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Trojan Horse Financial “Reform” Bill Enriches Goldman Sachs, Rips Off Taxpayers
The Obama administration and Congressional leaders are pushing a trojan-horse financial “reform” bill that would enrich the wealthy and powerful investment bank Goldman Sachs, which…
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Big Labor Pension Strategy: United States of Argentina?
Service Employees International Union (SEIU) President Andrew Stern made a big splash last week, when he announced his retirement from leading what is arguably America’s…
Op-Eds
The Obama-Dodd-Frank-Everthing’s-A-Bank-Bill
Liberal pundit Michael Kinsley once defined a political gaffe as an instance of a politician accidentally telling the truth. House Financial Services Committee Chairman…
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Taxpayers Take Another Hit from Obama; Administration Panders Yet Again to Big Labor
Taxpayers will pay billions more due to an executive order signed by President Obama that effectively restricts federal construction contracts to the minority of construction…
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Justice Stevens Retires; Left-Wing Law Professor Nominated to Federal Appeals Court
Justice John Paul Stevens, the leader of the Supreme Court’s liberal bloc, is retiring. His most famous ruling is probably the 5-to-4 Kelo decision, which…
Newsletter
Tax Day, Open Skies and Toyota’s Legal Tactics
Tax Day inspires out an array of protests and demonstrations. The U.S. and EU signed an “Open Skies” agreement last month, which purportedly allows airlines…
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Ideas for Regulatory Reform
Tax Freedom Day was April 9. But when you factor in the cost of regulation, it turns out we work nearly half the year just…
Newsletter
The Cost of Government, Carbon Taxes and Sugar Subsidies
Today is Tax Day, the day when Americans think most about how much the government is costing them. James Hansen writes in The Huffington Post,…
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Ten Thousand Commandments
Federal regulations cost as much as the income tax plus another quarter-trillion -- $1.24 trillion in all. Read all about it in the freshly-released 2010…
News Release
Report Reveals Crushing, Hidden Tax of ‘10,000 Commandments’ of Federal Regulation
Washington, D.C. April 15, 2010 – Federal regulations cost a whopping $1.187 trillion last year in compliance burdens on Americans. That’s the finding of…
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Green Thumbs and GMOs
A friend just recommended this op-ed published in the Boston Globe on Sunday. The title and subtitle say it all: "Green Thumbs: Genetically engineered crops…
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Do we really want to be like Europe?
With the passage of ObamaCare, we’ve taken another giant step towards Europeanizing America. Tragically, our history shows a steady trend in that direction, with government…
Newsletter
Liquor Licensing, Off-label Drugs and Fannie & Freddie
A new proposal in New York to set up a “medallion” system of liquor-licensing will serve as a compromise between wine retailers and grocery store…
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Toyota’s “questionable, evasive, and deceptive legal tactics”
“Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn…
Newsletter
Pub Restrictions, Tax Freedom Day and Turmoil in Kyrgyzstan
UK regulators are punishing pub owners for promoting happy hour specials and drinking games. April 9th is Tax Freedom Day, statistically the day Americans have…
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Friday Regulation Roundup
It is illegal in Kentucky for anyone under 18 to play pool without photo ID and written parental consent.
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Tax Freedom Day
Today, April 9, is Tax Freedom Day. According to the Tax Foundation, that's how long you have to work just to pay off your taxes.
Op-Eds
Fannie, Freddie Finally the Focus of Crisis Commission
The congressionally chartered Financial Crisis Inquiry Commission, after several months, finally is visiting the role of the government-sponsored enterprises Fannie Mae and Freddie Mac…
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Regulation of the Day 133: Feeding Ducks
A new ordinance in San Luis Obispo, California makes it illegal to feed ducks.
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Regulation of the Day 132: Fire Sprinklers
Cries for tax simplification grow every year. How does Congress respond? By introducing legislation to "amend the Internal Revenue Code of 1986 to classify automatic…
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CEI Weekly: Chris Horner Writes New Book: “Power Grab”
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the debut of Chris Horner's new book "Power Grab," as…
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Intern Sweatshops?
Jeffrey Miron comments on state officials’ claim that increasing the use of unpaid (or barely paid) interns might run afoul of minimum wage laws.
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Virginia Shows the Way in Taking on the Pensions Crisis
As the federal government continues to expand at an ever-growing pace, the Old Dominion is doing things differently. As The Richmond Times-Dispatch explains,…
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Cesar Chavez Day – Interesting Timing
March 31 was Cesar Chavez Day. Cesar Chavez Day has been celebrated in California for some time. But this year, for the first time, it…
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The Numbers on Public Sector Unions and State Debt
In today’s Washington Examiner, David Freddoso outlines the close correlation between state government debt and public sector unions. As he notes, “the states with…
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D.C. area poll shows, once again, OTHER Americans are crummy drivers
Why are people killed in Toyotas? Because a huge number of Americans are killed by motor vehicles of all types and Toyota has been the…
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Friday Regulation Roundup
Some of the stranger governmental goings-on I dug up over the week.
Blog
CEI Weekly: CEI Joins Push for Privacy Reforms
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's involvement in the Digital Due Process coalition to preserve…
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Car buyers rejecting “Toyota Terror” accusations
“Terror on the Roads: Runaway Toyotas,” was the title of an entry on a prominent Brazilian blog March 31. But today Toyota Motor Sales…
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Menthol cigarettes aren’t cool to the FDA
In what could be one of its most paternalistic moves, the Food and Drug Administration is considering banning menthol in cigarettes – not because…
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The Case Against Subsidized High-Speed Rail
President Obama’s stimulus package set aside $8 billion in subsidies for high-speed rail projects in the United States (known as the High-Speed Intercity Passenger Rail…
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Bailout Watch: Union and Public Employee Pensions
As the strain on state and local government budgets around the country worsens, public employee unions have gone on the defensive, painting themselves as scapegoats…
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Regulation of the Day 131: Airport Vendors
Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out…
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Regulatory Problem, Regulatory Solution?
A dying patient in the UK's NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. Had…
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Washingtonian mag: Stern is “union boss number one”
The current issue of Washingtonian magazine features a long, fairly in-depth interview with Service Employees International Union (SEIU) President Andrew Stern, whom author Chris…
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“We’re twisting arms. We’re threatening people.”
So said United Teachers of Los Angeles President A.J. Duffy at a rally, which reason.tv now makes available in a new video on public…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform

Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government

Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment