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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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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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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Legal Challenge to Michigan Union Power Grab
With the Detroit auto industry floundering, the United Auto Workers is turning its attention to…day care provider. And to do so, the UAW partnering with…
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Regulation of the Day 75: Food Containers
The Code of Federal Regulations contains 28 sections on food containers. Metal, glass, plastic, flexible, rigid – if you can put food in it, there…
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Government Employee Pensions’ Threat to New Jersey’s Fiscal Health
New Jersey residents pay the highest state and local taxes in the nation, notes the New Jersey Taxpayers’ Association (NJTA). And what do they get…
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CEI Weekly: CEI Starts Gore Debate Fundraiser
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the start of CEI's Pledge-a-Dollar-to-Debate Campaign. The campaign's goal is…
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“Obama Warns on Dangers of US Debt”
This morning I read with interest – and amazement – the above headline. Does our president live in the same world that I inhabit? He’s…
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“I Can’t See the Objection”
The National Federation of the Blind and the American Council of the Blind are seeking a preliminary injunction in federal court to stop…
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Reid Health Care Bill Adds New Tax Increases, Costs Twice As Much As Promised
The health care “reform” bill drafted by Senate Majority Leader Harry Reid adds new tax increases, and costs twice as much as its…
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Harvard Medical School Dean Gives ObamaCare a “Failing Grade”
"In discussions with dozens of health-care leaders and economists, I find near unanimity of opinion that the final legislation that will emerge from Congress will…
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Making Broadband Accessible: Innovation, Not Intervention
FCC regulators want to provide wider and cheaper broadband access by subsidizing it, raising taxes, and forcing network owners to share their network infrastructure with…
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Senate Committee Rubberstamps Left-Wing Ideologue to Head Powerful OSHA Agency Despite His Anti-Gun and Pro-Junk-Science Views
David Michaels, a left-wing ideologue who supports junk science and seeks to restrict gun possession, has been approved by the Senate Health Committee…
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Regulation of the Day 74: Grass Length in Jupiter, Florida
Residents whose lawns are taller than eight inches risk $250 per day fines. The city council voted last night on raising the fines to $1,000…
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Against a Value Added Tax
Over at Investor's Business Daily, Wayne Crews and I make the case against a Value Added Tax. Policy makers have been flirting with the idea…
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Oyster Ban Update: Partial Victory!
The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed.
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Stimulus Package Creates Imaginary Jobs, Destroys Jobs in the Real World
President Obama’s $800 billion stimulus package creates imaginary jobs, while destroying ones in the real world. Billions from the stimulus…
Newsletter
Bailout Transparency, Climate Politics and Mortgage Foreclosures
Rep. Carolyn Maloney introduces a bill to make public details of the bank bailout. Critics accuse President Obama of failing the world on climate change.
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Fixing TARP: Is Transparency Enough?
Transparency is a good start. But the goal should be to not have government bailing out politically favored companies in the first place.
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Labor’s Day at the Federalist Society
Workers may get violent if their wages are cut. The United Auto Workers union (UAW) has a monopoly and was an anchor on the…
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Regulation of the Day 73: Snow Globes as Terrorist Threat
Yes, larger snow globes probably violate the TSA’s three-ounce limit for liquids. But they are not bombs. They are, in fact, snow globes.
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Health-Care “Reform” Bills Increase Costs, Endanger Access for Millions, Federal Experts Say
The healthcare “reform” bill backed by Obama “would reduce senior care,” and “could jeopardize access to care for millions,” report healthcare…
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Andrew Cuomo Sues Intel
Over at the Washington Examiner's Opinion Zone, Wayne Crews and I explain why New York Attorney General Andrew Cuomo's antitrust lawsuit against Intel is a…
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Regulation of the Day 72: Brass Toys, Killer of Children
Toymakers presumably choose brass because it is cheap, durable, and better than alternative materials. Now they will have to turn to those second-best materials despite…
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Obama Administration Hits Brakes on Project Labor Agreement
The Obama administration this week called off bidding on what would have been a union-friendly federal construction project bidding process, in response to a contractor complaint over…
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Regulation of the Day 71: Waistlines
In Japan, it is illegal for men to have a waist larger than 33.5 inches. The limit for women is 35.4 inches. Those in violation…
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Don’t go “lite,” shrink the state, says Smith
CEI’s president Fred Smith is featured today in a video interview with InstaPundit’s Glenn Reynolds – now appearing on Reason’s blog. Fred talks about…
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Insurance Industry Stung By Health Care Deal
The CEO of the National Association of Health Underwriters has an op-ed in today’s Wall Street Journal whining that a weak individual purchase mandate is…
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Unemployment Skyrockets: “U.S. now beating European unemployment rates”
Unemployment is now higher in the U.S. than in Europe, reports the Washington Post. “The official U.S. unemployment rate, reported last Friday, now stands…
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Regulation of the Day 70: Combustible Dust
OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.
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Poor Ford – They Thought They Were Operating in the Market
The Washington Times, “Greedy Autoworkers,” editorializes the overwhelming rejection of the UAW’s proposed labor agreement. Unlike GM and Chrysler, Ford elected to reject the…
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Ludwig von Mises Gets Respect
“The Man Who Predicted the Depression,” in Saturday’s WSJ explains von Mises’s interpretation of the business cycle. To Mises, volatility was inevitable with a…
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Buffet Displays Hope in America’s Energy Future
Warren Buffet, one of the most respected investors in America, recently purchased Burlington Northern, one of the nation’s largest railroads with some 32,000 miles of…
Newsletter
Health Care, Alcohol Regulation and Flu Stats
VIDEO: 20TH Anniversary of the Fall of the Berlin Wall The House of Representatives narrowly passes Democratic-sponsored health care legislation. Bob McDonnell wins election to…
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Virginia May Privatize ABC Stores; It’s about Time
In a time when the federal government’s involvement in the economy appears to only grow, it’s encouraging to see at least one industry where the trend…
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CEI Weekly: Cuomo’s Antitrust Witch Hunt
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's testimony in front of the Senate against the…
Newsletter
Cap and Trade, Sarbanes-Oxley and Anti-Cat Regulations
Senate Democrats win committee approval of a “cap-and-trade” bill to reduce U.S. greenhouse gases over the objection of Republicans. The House Financial Services Committee voted…
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Unfunded Mandates
Today's American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of unfunded mandates.
Newsletter
Intel v. Antitrust, U.S. Chamber Caves on Energy and Accounting for Unfunded Mandates
New York attorney general Andrew Cuomo files an antitrust lawsuit against Intel. The U.S. Chamber of Commerce caves into to special interest pressure on energy…
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NY Attorney General Files Antitrust Suit Against Intel
Intel does not enjoy government protection of its market share, nor does it operate in a vacuum, immune from discipline if if its rebates are…
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Regulation of the Day 69: Owning More than Three Cats
A new local ordinance in Dudley, Massachusetts makes it illegal to more than three cats without a license. Coaseian bargaining might be a better solution…
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Regulation of the Day 68: Ironing Tables
At HPI's request, the International Trade Administration will continue to add anti-dumping duties to the price of its competitors' Chinese-made ironing tables. Sorry, consumers.
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ObamaCare Blueprint Called ‘The Worst Bill Ever’: It Drives Up Taxes, Insurance Premiums, State and Federal Deficits, and Legal Bills
The Wall Street Journal calls the House version of President Obama’s health care plan “the worst bill ever,” noting that it…
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If at First You Don’t Succeed, Change the Rules.
From attempting to manipulate the definition of “supervisor” to changing the way in which workers are organized, the above seems to be a…
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Taxes without Borders
This month's issue of Info Tech & Telecom News contains an article by yours truly on certain states' attempts to collect sales taxes from out-of-state…
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Regulation of the Day 67: Oysters
A new FDA rule requires oysters harvested between April and October to be sterilized before they are eaten. An unintended consequence is that the state…
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Reps. Maloney and Adler push true bipartisan stimulus — Sarbanes-Oxley relief
After months of talk about solutions that would rev up job growth and the economy, today the House Financial Service Committee may finally adopt a…
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Regulation of the Day 66: Trick or Treating
Trick-or-treating is banned in Dunkard Township, PA. The government will hold a four-hour Halloween party to make up for it.
Newsletter
Pay Cuts for Wall Street, Required Window Glazing and the New Public Option
The White House “pay czar” plans to cut paychecks for top bank executives by 50%. Environmental regulators in California move to require all cars sold…
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“Cities are probably the greenest thing that humans do.”
Environmental guru and author of the Whole Earth Catalog Stewart Brand has a new book out in which he argues that "My fellow environmentalists have…
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New CEI Release: One Nation, Ungovernable?
Question: What do you get when you combine a $700 billion “stimulus” package, $1.1 trillion in wealth-destroying regulatory compliance costs, a mountainous non-discretionary entitlement obligation,…
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“Public Option” Is a Gimmick That Won’t Improve Healthcare
In the Washington Post, Robert J. Samuelson explains in the “Public Plan Mirage” how the so-called “public option” contained in congressional health-care reform bills…
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Sure, just what we need: yet another regulatory government agency
Here’s my letter published in the Oct. 25th edition of the Boston Globe responding to an editorial…
Newsletter
Web Giants Battle over Networks, Obama on Climate and New Financial Regulations
Google and AT&T battle over web rules. President Obama won’t talk climate change at UN negotiations in Copenhagen. The House Financial Services Committee votes to…
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More Bad Mortgages on the Way, Thanks to Congressional Committee
Expect to see more bad mortgages as a result of a House committee’s vote Thursday to create the so-called “Consumer Financial Protection Agency.” That…
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Sweden’s CO2 Labeling: Deceptive Advertising?
A quick point to add to Fran Smith's post on Sweden's experiment in labeling food and menus with carbon footprints: don't read too much into…
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CEI Weekly: Scholars Support Case Against Sarbanes Oxley
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features new "amicus briefs" submitted by legal scholars for the Sarbanes…
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Regulation of the Day 65: Weighing Animals
If you sell poultry or livestock, it’s a good idea to weigh them first. Makes it easier for buyer and seller to agree on a…
Newsletter
Telecom Regulation, Maritime Recycling and the Economics Nobel
The Federal Communications Commission moves to regulate telecom networks in the name of “net neutrality.” Italian police investigate illegal disposal of “toxic” shipwrecks. Experts continue…
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Net Neutrality at 28 kilobits per second.
Why didn’t the Federal Communications Commission impose net neutrality a decade ago? We don’t need all this multimedia and advanced services. They finally caught…
Newsletter
Health Care Competition, Financial Regulations in Court and Net Neutrality
The House Judiciary Committee votes to strip antitrust protections from health insurance companies who share risk information. Prominent officials and scholars endorse CEI’s Supreme Court…
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Regulation of the Day 64: Starting a Business in Sacramento, California
The human mind is capable of creating limitless, endless wealth. The human mind is nearly as adept at preventing that wealth from being created. Sacramento…
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A Cure Worse than the Disease
As I explain in a new CEI paper, which is out today, most of the alleged cost-cutting measures in the Baucus bill merely shift costs…
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More Hypocrisy Regarding FTC Blog Regulations
Michael Masnick at Techdirt offers up another incidence of government inconsistency in light of the FTC’s blog-watching rules, reminding us that “…
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Banning Bake Sales
The American Enterprise Institute held a panel discussion yesterday on food safety. They discussed congressional proposals aimed at addressing contaminants in our food,…
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Is Cognitive Dissonance an Insured Condition?
Rep. Diana DeGette is proposing: 1)That health insurers' antitrust exemption be removed. 2) Require, by law, that people buy health insurance. What one hand giveth,…
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Regulation of the Day 63: Sports Agents in New Hampshire
It is illegal to be a sports agent in New Hampshire without a Secretary of State-issued certificate. Don’t forget your biennial renewal!…
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Health Insurer Competition and Democratic Saber Rattling
Last week, after the industry association America’s Health Insurance Plans released a study showing that premiums would rise 18 percent under the Senate Finance Committee’s…
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Bill Gates Says Africa Needs GMOs
On Friday, Bill Gates announced at the World Food Summit in Des Moines that the Bill and Melinda Gates Foundation would be redoubling its efforts…
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Regulation of the Day 62: Government Employees and Texting while Driving
Executive Order No. 13513 prohibits federal employees and contractors from texting while driving while on duty.
Newsletter
Teacher Unions, Obama’s Climate Czar and Public Choice
Director Bob Bowden exposes corruption and waste in public schools in the new film The Cartel. Critics object to the potentially sweeping powers of President…
Blog
CEI Weekly: John Berlau Criticizes Proposed Consumer Protection Agency
CEI weekly is a compilation of articles and blogs from CEI's staff. This week's feature is John Berlau's appearance on C-Span talking about ways to…
Blog
Regulation Not Worth Its Salt
A recent study by University of California, Davis nutritionists concludes that it may not even be possible to reduce salt intake through regulation.
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Robert Reich Gets It
Some of the consequences of increasing government’s role in health care are easy predict.
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New Version of Obama Health-Care Plan Relies on Imaginary Savings, Costs More Than $2 Trillion, and Will Explode Federal and State Budget Deficits
Health-care “reform” always costs more than predicted, as ObamaCare provisions have at the state level. So the claim that the new, cheaper version…
Newsletter
Big Screen Ban, U.S. Chamber Politics and Silencing Science
California poised to ban the sale of big-screen televisions. The U.S. Chamber of Commerce launches a new initiative to defend free enterprise and create jobs.
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Regulation of the Day 61: Big Screen TVs – Mankind’s Doom!
On November 4, California regulators may vote to ban big-screen televisions. The large sets use more energy than they would prefer.
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Eliot Spitzer Wants your Pension
Today, Slate features a rant by disgraced former New York Governor Eliot Spitzer that includes distortions and falsehoods so blatant that they wouldn’t merit…
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How Much Harm Do Teacher Unions Do?
Plenty, according to the new film, The Cartel. The film purports to show “educational system like we’ve never seen it before. Behind every dropout…
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More on Public Sector Unions
Slate blogger Mickey Kaus explains how public sector unions are driving state and local governments to the brink of bankruptcy (via Nick Gillespie at…
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Regulation of the Day 60: Hybrid Car Noise
One advantage of hybrid cars is that they are quiet. Too quiet, some would say. Blind pedestrians may not hear a hybrid coming around the…
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Silencing Criticism through Libel Law
The physicist turned science journalist Simon Singh has been sued in a UK court and, this past summer, found liable for libel for an April…
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Fighting Eminent Domain Abuse
Popular outrage over eminent domain abuse may have waned a bit since the Supreme Court’s poorly-reasoned Kelo ruling in 2005, but economic development takings remain…
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Senate Finance Passes Health Reform Bill
Earlier today, Senator Olympia Snowe (R-Me.) announced that she would vote in favor of the health care reform bill authored by Senate Finance Committee Chairman…
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The Wages of Government Unions
The Economist‘s current Lexington column highlights the growing public resentment at the widening disparity between compensation and job security in the private and public…
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Regulation of the Day 59: Pharmacy Interns in Colorado
It is illegal to intern for a pharmacist in Colorado without a license.
Newsletter
Climate Negotiations, Senate Health Care and the Nobel Prize
Climate negotiators attempt to reach an agreement ahead of UN-sponsored talks in December. The Senate Finance Committee prepares to vote on health…
Blog
Markets vs. Special Interests
"It is precisely the fact that the market does not respect vested interests that makes the people concerned ask for government interference."…
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CEI Weekly: EPA Should Reopen Proceedings After Data Deletion Story
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's petition to the EPA to reopen proceedings because of…
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Regulation of the Day 58: Banning Children from Playgrounds
A new regulation in Kensington, Maryland bans children over five years old from using a local playground between 9:00 am and 4:00 pm.
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Precisely Backwards
Few things are more taxing than our elected officials’ economic illiteracy. How sad that visiting a wonderful country like ours may soon be one of…
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Regulation of the Day 57: Minimum Price Agreements
A new Maryland law makes it illegal for manufacturers to set a minimum retail price for their products in sales contracts. The law is meant…
Newsletter
Retail Prices, Utility Politics and Swine Flu
The Maryland legislature bans manufacturers from setting minimum retail prices for their products. Florida Gov. Charlie Crist plays hardball with the state’s public utilities. Doctors…
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Now Crist Goes after Utilities
Not content with exposing Florida to financial catastrophe by taking on responsibility for insuring coastal properties, Florida Governor Charlie Crist (R) continues his assault…
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Corporate Human Rights?
Over at the Detroit News, Hans Bader and I explain why corporations have human rights despite not being human. The reason why? Transaction costs.
Newsletter
Climate Science Destroyed, Online Drug Advertising and Opposing Net Neutrality
A government-funded research center destroys the original data behind its predictions of global warming. The Food and Drug Administrations seeks input about online advertising of…
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Regulation of the Day 56: Kahlua in Ohio
Kahlua contains 20% alcohol in 49 states. But in Ohio, it is 21.5%. Weird, huh? Turns out regulations are the reason.
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Net Neutrality and Rent-Seeking
Net neutrality proposals give companies the incentive to seek rents at each other’s expense when they could be benefitting from each other’s innovations instead.
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Unemployment Rises to 26-Year High of 9.8%; Obama’s Policies Worsen Unemployment and Credit Crunch
Unemployment has risen to 9.8 percent, a 26-year high. That’s much higher than the Obama administration predicted unemployment would rise, if Congress had refused…
Newsletter
A Swine Flu Vaccine, Rising Unemployment and Limits on Executive Pay
The federal government launches a swine flu vaccine campaign. Alan Greenspan predicts increased economic growth, but also rising unemployment. The White House moves to limit…
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Video Response to Will Ferrell MoveOn.org: People Are Saying Mean Things About Big Government!
Remember that Will Ferrell, celebrity-packed video on Obamacare last month? The one from MoveOn.org? One of those “we’re from Hollywood, and we’re here to…
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CEI Weekly: CEI Battles Climate Change Policies
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's response to disastrous climate change policies being pushed in…
Newsletter
Questionable Stimulus, EPA on CO2 and Underfunded Union Pensions
Experts question the economic wisdom of government stimulus spending. Critics of the Environmental Protection Agency’s plan to regulate carbon dioxide emissions point out the cost…
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