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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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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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…
Citation
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.
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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…
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“How a pit bull is like a Prius,” my Philly Inquirer article today
What could pit bulls possibly have in common with Toyotas? Pit bulls, after all, tend to be smaller and furrier. And whatever you do, never…
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$800 Billion Stimulus Package Doled Out Based on Politics; Districts with High Unemployment Were Shafted
“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in…
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How to Fix Immigration’s Black Market
Alex Nowrasteh and I have a piece in today's Detroit News arguing that liberalization, not regulation, is the way to shrink immigration's massive black market.
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Barack Obama and Liberal “Good” vs. Freedom
There's a great op-ed by Shelby Steele in today's Wall Street Journal, called "Barack the Good". In it, Steele argues that "today's liberalism is focused…
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“Are some reporters lying in their Toyota coverage?” my Canadian Free Press article
I’ve shown clearly that reporters are acting with reckless disregard for the truth in the Toyota sudden acceleration feeding frenzy since my Los Angeles…
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Public Employees’ Compensation Races past Private Sector Workers’
As union membership in government has outpaced that in the private sector, so has compensation. As the Washington Examiner reports: Compensation for…
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Gene Patents Ruled Invalid
In a pretty remarkable move, the United States District Court for the Southern District of New York yesterday held that genes can not be patented…
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Millions of Seniors to be Dumped from Health Plans Due to New Health Care Law
Two million seniors are expected to be dumped onto Medicare from company prescription medication plans, thanks to a poorly-vetted provision of…
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CEI files amicus in Aussie bank case threatening national sovereignty
Headquartered in Melbourne, the second largest city of the land down under, National Australia Bank is firmly attached to its home country. The primary trading…
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Regulation of the Day 130: Roommates
In New York City, it is illegal for four or more unrelated people to live together. At least 15,000 New York homes openly flout the…
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The things I endure to get a story!
If you think I was tough for embedding in Iraq’s meanest city a year after having my guts blown out in another part of…
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“Why Do Toyotas Hate the Elderly? my article in Forbes Online
It was the Camry in a car wash nightmare. With her two grandchildren in the car, Doris Dresner went through the wash in Columbia, Mo.,…
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Friday Regulation Roundup
Government does more wacky things than anyone could possibly write about in any detail. Listed here are just a few that I dug up over…
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“How Media Took Us For A Ride In A Prius,” my IBD piece
For three days, James Sikes held America’s highest honor: victim. The nation had been transfixed by his almost half-hour-long 94-mph horror ride in his runaway…
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Attorney Generals Challenge ObamaCare; New Health Care Law Increases State Budget Deficits, Imposes Marriage Penalties
Virginia Attorney General Ken Cuccinelli and a dozen other attorneys general have filed lawsuits challenging the new health care law signed…
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Liberty Activists get a Black Eye, Keep on Fighting
As would be expected in the face of recently passed health care legislation this sweeping and controversial, pro-liberty citizens have been stepping out to…
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State Attorneys General Do Good (For Once), Hit Obamacare with Lawsuits
On the heels of the health insurance takeover staged by the House of Representatives this week, a handful of state attorneys general have filed lawsuits…
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Health Care- Fix middle-class “medicine cabinet tax” in reconciliation
“They won’t be so opposed to it once they see what’s in it.” That’s the rationalization House leaders have given skittish Democrats to get them…
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Health Care Crisis About to Get a Whole Lot Worse
In just a few hours, the House of Representatives will vote on the $940 billion Senate health care bill, followed by a reconciliation package of…
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Four Ways to Spend Money on Health Care
Today's bill consists almost entirely of spending other peoples' money on other people. This is no way to keep costs under control.
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Media falsely claiming CHP report backs Toyota Prius hoaxer’s claim
Over a week after I exposed the “Toyota Hybrid Horror Hoax” at Forbes. com, the press (as opposed to some TV networks, talk radio,…
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New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
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Regulation of the Day 129: Droves of Animals on Streets
Washington, DC city law states that “No loose herd or flock shall be driven or conducted in the District, except with a permit issued by…
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Health Care Bill Would Vastly Expand IRS Power; CBO Ordered to Base Cost Estimate on False Assumptions
“House health care bill dangerously expands IRS power,” say a tax law professor and GOP leaders. The Washington Examiner says that “16,500 more…
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CEI Weekly: CEI Opposes National ID on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Alex Nowrasteh on Fox News debating the violations of privacy…
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National ID Plan Insults Americans
President Obama recently gave his thumbs-up to an immigration compromise plan formulated by Chucky “Why Am I So Annoying” Schumer (D-NY) and Lindsey Graham (R-SC)…
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Regulation of the Day 128: Bounty Hunters
You need a license to be a bounty hunter in New Jersey.
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Governors Criticize Health Care Bill for Increasing Unemployment and State Budget Deficits; Tax Increases and Medicare Cuts in Bill Rise
Governors are now criticizing the health care bill backed by the Obama administration, saying it will cause health care costs and state deficits to…
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Is There No Adult Supervision at the Campaign for Liberty?
My colleagues brought to my attention this grossly misinformed, misleading, and error-laden essay on the Campaign for Liberty’s website. The main thrust of the piece…
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Will the Jobs Bill Create Any Jobs?
Over at the American Spectator, I explain why it won't, but a deregulatory stimulus would.
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Even Associated Press Says “Beware” of Obama’s Health Care Overhaul; Retired Judge Calls Health Care Tactic Unconstitutional
Even the Associated Press admits that President Obama is not telling the truth about his health care plan and how it would affect health…
Newsletter
Ethanol, Human Achievement, and Technology
The Green campaign for the development of corn ethanol may be increasing greenhouse gas emissions. On March 27, people all over the world will turn…
Comment
The Future of Manufacturing
What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?…
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This blog at “Tundra Headquarters” plays my “Toyota Hysteria” piece the right way
This blog titled “Toyota Crash Victim Speaks Out Against Media Smearing Automaker” exploits my cache as a victim of a REAL Toyota defect, which…
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The Wisdom of George Stigler
He was one of only a few sane souls who insisted that regulations be judged by their actual results, not their intended results.
News Release
Wayne Crews Testifies on Role of Government in Innovation and Manufacturing
Washington, D.C., March 15, 2010—Everyone agrees we still want to make a lot of stuff in the United States of America and create jobs. So…
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Regulation of the Day 127: Landscaping
Angelina and Quan Ha, of Orange, CA, ditched their water-hungry grass lawn in 2008 to save money and water. The city promptly sued them.
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Washington Post spreading more misinformation on Prius hoax
The media are still resisting admitting that James Sikes’s Wild Ride was just another Balloon Boy Hoax, in which they played a vital role. Thus…
Op-Eds
Dodd’s Main Street Punishment Bill
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about…
News Release
Broadband Plan Would Vastly Expand Government Power over the Internet
Statements by Competitive Enterprise Institute telecom policy analysts Wayne Crews and Ryan Radia on the FCC’s National Broadband Plan.
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Dodd bill punishes Main Street entrepreneurs, rewards Fannie and other high rollers
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about medical…
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