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…
Search Posts
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Federal Budget Deficit Hits $1,270,000,000,000
Federal spending is going up. Tax receipts are going down. 2009's federal budget deficit is now up to $1.27 trillion as a result. That's about…
Blog
Don’t Forget Cap and Trade!
Even though 4 Democratic Senators are so nervous about the electricity tax called cap-and-trade they are urging their leadership to drop it from the…
Newsletter
TARP Transparency, Stimulating Recession and Union Arrogance
Congress cites a lack of financial transparency in a report sharply critical of the Troubled Asset Relief Program (TARP) bailout. The economies of Germany and…
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Regulation of the Day 32: Migratory Birds
If you’re planning on hunting migratory birds this year, be sure to read all 14 subparts and 61 sections in Title 50 of the Code…
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Democratic Senator Blasts Union Boss
It’s not every day that a Democratic Senator blasts a labor union, which is why the recent mini-controversy surrounding the nomination of United Transportation Union…
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Regulation of the Day 31: Fraud in Wholesale Oil Markets
If you’re a wholesaler of crude oil or gasoline, a new FTC rule makes it illegal to engage in any business practice that“operates or would…
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Fact Checkers: Obama Is Lying About Health Care
USA Today caught Obama telling three fibs about health care, such as falsely claiming that “under the reform we’re proposing, if you like your…
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More alternatives to Obamacare
Lots of commonsense suggestions to rein in health care costs that won’t bankrupt the country in John Mackey’s op-ed in the Wall…
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Neutering the Net
The Washington Examiner has published my op-ed on net neutrality: A war is waging over the future of the Internet. On one…
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Regulation of the Day 30: Labeling Mustard
If your company makes mustard bottles that are reusable as beer mugs, you are specifically required to put a country-of-origin label on your product.
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The Truth About Town Hall Meetings
Yesterday, the Obama administration distanced itself from some of the more outrageous comments made by congressional Democrats, including one made by House Speaker Nancy Pelosi…
Newsletter
Microhoo under the Microscope, Mob Mentality and Horse Killings in Florida
Microsoft and Yahoo brace for scrutiny from antitrust officials. Democrats claim that opponents of health care legislation are part of an “angry mob”. Florida authorities…
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They Can’t Even Keep Drugs Out of Prison?
Armed guards. All the bad guys behind bars. Under constant supervision. And Mexico still can’t keep drugs and drug dealing out of its prisons.
CEI Planet
TARP Transparency: A Good Start, but Not Enough
Herbert Allison is President Obama’s newly-confirmed head of the Treasury Department’s Office of Financial Stability. On Thursday, June 25, he promised to “emphasize transparency so…
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All Community Organizing Is Astroturfing – And That’s Fine!
The fact that members of Congress extolling the president’s plan are attacking astroturfers while leaving their arguments alone says to me that the Congressmen believe…
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“Millions of jobs are at stake on both sides of the border”
So says British Columbia Premier Gordon Campbell. At a meeting of Canada’s provincial premiers held in Regina, Saskatchewan, last week, slapping retaliatory tariffs on…
Newsletter
EU Antitrust Rebuke, Record Deficit Numbers and the Costs of Global Warming Policy
European competition regulators get chastised for hiding evidence in a case against Intel. The Congressional Budget Office reports that the federal…
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Regulation of the Day 29: Protecting Us from Cheap Foreign Goods
Sometimes (but not always), when a foreign producer sells goods to U.S. consumers cheaply, the U.S. government takes action to put a stop to it.
News Release
CEI Proposes Legalizing Horse Meat Sale
A Senior Fellow at the Competitive Enterprise Institute, a think tank with offices in Washington, D.C. and Tallahassee, proposes a simple solution to the spate…
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Inconvenient Evidence Suppressed in EU-Intel Antitrust Case
The EU’s top antitrust regulator intentionally suppressed “potentially exculpatory" evidence in its case against Intel. This is the rule of men, not law.
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We’re All Children Now
I propose the following rule: “Think of the children” rhetoric shall be reserved for those situations in which the author is not, in…
Products
CEI Planet: May – June 2009
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles…
Newsletter
Unseen Stimulus, E-waste Abroad and Pelosi’s Private Jet
CNN.com profiles Americans receiving benefits from the economic stimulus package. International agencies weigh in on the issue of “e-waste” – trash generated…
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Regulation of the Day 28: Urine Trouble Now
Want to work for HHS? You’ll have to comply with approximately 32,463 words worth of regulations in the Mandatory Guidelines for Federal Workplace Drug Testing…
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Microsoft, Yahoo, and Antitrust
If regulations are to be effective, they must be either clear or silent; antitrust statutes are neither. That alone is reason enough to urge trustbusters…
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Regulation of the Day 27: Beekeeping in South Dakota
Beekeeping in South Dakota is illegal without a license.
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A Poster too Important to Leave to the Market
The Service Employees International Union (SEIU) is giving away copies of a poster (pictured right) of Barack Obama, which it describes as “an original…
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Regulation of the Day 26: Fortune Telling in Maryland
You need a license to tell fortunes in Annapolis, Maryland.
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Union Bosses Say the Darndest Things
As described in an OpenMarket post by CEI’s Ivan Osorio a couple weeks ago, the Teamsters union and UPS are currently lobbying Congress to…
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Chuck Schumer: “We’ve Got to Stand Still”
High-frequency stock trading — the markets where sophisticated algorithms running on bleeding edge hardware trade assets using information only fractions of a second old —…
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Regulation of the Day 25: Cattle with Scabies
If you own cattle and they are at risk of catching scabies, you may want to read up on the pertinent federal regulations. There are…
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End the Letter Delivery Monopoly: Sell The USPS
“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion…
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FDA to Smokers: Drop Dead
The FDA is now moving towards banning a smoking alternative that could save many lives. Every year, millions of smokers like my wife try…
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The Antitrust Anachronism
Wall Street Journal columnist Gordon Crovitz has a great column in today's paper on the anachronism that is antitrust law. He writes: "Markets were so…
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Newsflash to FCC: The iPhone is a Closed Platform, and Consumers Love It
Just when you thought the FCC’s investigation of the wireless industry couldn’t get any stranger, TechCrunch reports that the Commission has sent letters…
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The Antitrust Religion still Has Many Adherents
Why bother with the ongoing challenge of competing in the marketplace if one can merely go to Brussels or Washington?…
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Regulation of the Day 24: The Width of Ladders
It is illegal for a portable metal ladder to have steps narrower than 12 inches.
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Bonus pay bill: CBO predicts huge costs to private sector, broad swaths of employees affected
After the nonpartisan Congressional Budget Office (CBO) calculated the enormous costs of an all-encompassing health care scheme with a bloated public option, members of Congress…
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More on the Microhoo Deal
The long-awaited collaboration of Microsoft and Yahoo on search has the tech business community abuzz. CEI analysts Wayne Crews and Ryan Young made their original…
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(Un)Free Press Sticks it to the Essentials
The latest missive from the folks at Free Press has crossed the line: When challenged, the wireless carriers actually compare their industry to another: soda.
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A Bailout for the First Amendment?
Dan Rather actually made the following two contradictory statements in the same speech: I personally encourage the president to establish a White House…
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Prof. Gates’ property rights likely violated in arrest — but Obama was wrong to weigh in
Amid all the endless media psychobabble about “national conversations” and “teachable moments” – and we will no doubt here more of this in the reporting of…
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Food Safety Bills Moving Through Congress
With all out attention diverted to the government's attempted takeover of the half of US health care that isn't already nationalized, the attempted destruction of…
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The Challenge of Network Industries
“Network” industries such as electricity, air transport, telecommunication, freight rail, and internet services face a challenge with their competing flow and grid components. Flows are…
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In Defense of Average Cost Pricing
Many industries in the modern economy are ridiculed for the financing strategies they employ. Only marginal cost pricing is defended as a legitimate practice. Yet…
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Where’s the Reality in Legislation?
In “Why Obamacare Is Sinking,” Charles Krauthammer argues that President Obama’s reliance on rhetoric is finally beginning to fail because “you can’t fake it…
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VIDEO: Healthcare Reform Ideas from the Other Washington
John Barnes at the Washington Policy Center (motto: “Improving Lives Through Market Solutions”) passes on a 3-video series about the fight over healthcare “reform” we’re…
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Russia introduces strict new antitrust law
Russian President Dmitriy Medvedev has signed into law amendments that will bring increased penalties for price collusion and unfair competition. The new amendments will allow…
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Policy Translated: Special Access Reform
[youtube:http://www.youtube.com/watch?v=JQO84UjQ2Fg 285 234]…
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Regulation of the Day 23: Texting While Driving
Texting while driving is both dumb and dangerous. But making it a crime won’t make people stop doing it. It will merely make more people…
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Food Police Attack Denny’s Over Salt
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. Last week, CSPI filed…
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Best Way to Curb Irrational Exurberance?
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article…
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Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
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The Folly of 100%
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking…
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Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
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Dems’ Health Care Bill Looking Weaker by the Day
For the Democrats still supporting the health care overhaul, the blows just keep coming. As if the financial problems I described in a previous…
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Health Insurance Reform: look at what does and doesn’t work already
“One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and…
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How to End the War over Antitrust
If the executive branch is not going to consistently enforce antitrust laws -- and they shouldn't -- they should be repealed.
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Regulation of the Day 21: Potato Research and Promotion
The Agricultural Marketing Service has a potato research and marketing plan, pursuant to the Potato Research and Marketing Act.
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Getting the Health Care You Pay For
There was a good front page article in yesterday's Washington Post on the history of advances in medical science and technology. The conclusion: Although the…
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Net Neutrality: A Dialogue With Ars Technica
CEI’s broadband reply comments from earlier this week received a generous quotation by Ars Technica’s Nate Anderson. Mr. Anderson took issue,…
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CEI Weekly: Attack of the National Broadband Plans
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday.
Blog
Our Colleague Julie Called it “Subprime Healthcare”
I think that about sums it up.
Newsletter
Google Book Search, FCC Comments and the Minimum Wage
The Justice Department investigates Google’s legal settlement over its Book Search service. Federal Communications Commission broadband coordinator Blair Levin accuses recent comments from the public…
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Regulation of the Day 20: Anti-Flatulence Medication
The U.S. Code contains an entire section on over-the-counter anti-flatulence medication. There are rules for permitted active ingredients, maximum dosage, and label text.
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Exploiting the Minimum Wage
Young people with little or no work experience may not be able to offer $7.25 per hour worth of productivity; small wonder so many of…
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Leave it to the Experts
Send your used light bulbs to Washington! They're the experts. They'll know what to do.
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Obama Health-Care Plan Destroys Cheap Health-Care Options, Raises Taxes, Breaks Promises
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by…
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Standing Before the FCC Shouting Stop
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview.
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Aggravated FCC Bureaucrat Knows Better than Us; Calls Petitioners “Sloppy”
Federal Communcations Commission broadband coordinator Blair Levin, charged with coming up with a “U.S. National Broadband Plan,” by February, says the 8,500 pages…
Newsletter
Broadband Plans, Saving Healthcare Dollars and Obama’s Diplomacy
The Federal Communications Commission drafts a “national plan” for broadband policy. The White House announces proposed healthcare cost-saving measures. President Obama continues to insist that…
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Regulation of the Day 19: Fospropofol
The Drug Enforcement Administration, would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled…
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Democrats Inconsistent on Senior Death Discount
White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also…
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If you like FEMA, you’ll love federal health care, says Jindal
Louisiana Governor Bobby Jindal has an op-ed in today’s Wall Street Journal providing a succinct critique of the Democrats’ health care plan and offering…
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Regulation of the Day 18: Shipping Live Animals
If you ship live animals via the USPS’s Express Mail Service and it takes three days or more, you may be eligible for a refund,…
Comment
Comments on the Federal Communications Commission Report ‘A National Broadband Plan for our Future’
The Commission’s record of alleged “regulatory restraint” toward the telecommunications sector over the past 13 years has come under fire by a number of commenters…
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Want Recovery? Remember Antitrust is Anti-Economy
More restraint is in order when it comes to the Obama administrations intent to escalate “antitrust” enforcement against business and enterprise in America.
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Richard Rahn on “Washingtonosis” — The Most Destructive Disease
"Washingtonosis(n): a disease most often found in people working within three miles of the U.S. Capitol building in Washington, ... Those infected tend to lose…
Blog
Policies to Promote Competition often Stifle it Instead
Chairman Genachowski is right that the Internet has been “the most successful driver of economic growth” in recent years. Why, then, pursue an agenda that…
News Release
Clear Government Roadblocks to Broadband Competition
Contrary to many critics, investment in broadband networks by U.S. telecommunications firms is booming, and the biggest roadblocks to even more robust growth are primarily…
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“Libertarian paternalism”?
In Sunstein's latest book Nudge. . . he makes the case that people often make bad decisions, and a slight "nudge" can set things right…
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Regulation of the Day: Sliding Car Doors
A new set of rules for sliding car doors will come into effect on September 1, 2010.
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In Which the Case for Antitrust Action against Telecoms Weakens
New research finds that U.S. telecoms are charging, on average, ten cents less per minute than their counterparts around the world. Tell me again why…
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Union Pension Fund Bailout Taking on a New Form
Senate Democrats and organized labor leaders are reportedly near a deal on removing the card-check provision from the s0-called Employee Free Choice Act (EFCA). That…
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CEI Weekly: Response to EPA Cover Up Increases
CEI Weekly is a compilation of articles and blog posts from CEI's fellows and associates sent out via e-mail every Friday. Also included in the…
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Regulation of the Day: Endangered Snails
The sixteenth in an occasional series that shines a bit of light on the regulatory state. Today’s Regulation of the Day comes to us from…
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House Dems Would Ban New Private Health Insurance
"Except as provided in this paragraph, the individual health insurance issuer offering such coverage does not enroll any individual in such coverage if the first…
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Regulation of the Day: The Color of Stitches
The federal government regulates which colors may be used in surgical stitches.
Newsletter
White House Science Czar, Catfish Imports and Gingrich’s “Real” Stimulus
Critics question the controversial beliefs of White House science adviser John Holdren. U.S. catfish producers try to block inexpensive fish imports from Vietnam. Former House…
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Exclusivity is the Mother of Invention
The web is all aflutter in the debate over handset exclusivity. Harold Feld of Public Knowledge describes in a recently posted video how exclusive…
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A Handshake, Not a “Contract with America”
Newt Gingrich’s new “Strategy Memo: Time for a Real Stimulus Bill” is helpful on highlighting tax cuts that could stimulate business’ capacity for job…
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Fishy Politics May Harm US Consumers
The various US attempts to hobble the Vietnamese farmed-catfish industry is no less underhanded. And, in order to prevent a trade war with Vietnam, it…
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Lamar Smith on Cap and Tax
A good, short, succinct summary of why Rep Lamar Smith (R.-KY) voted against Cap-and-Tax. Hat-tip: The Chilling Effect [youtube:http://www.youtube.com/watch?v=SBFwZUiGOWs 285 234]…
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Doing Business in DC
DC Progress notes that Washington, DC has ranked dead last in the annual Small Business Survival Index every year since the mid-1990s. One of the…
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Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
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Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
Newsletter
Sotomayor in the Senate, The New GM and State Farm in Florida
Judge Sonia Sotomayor prepares for her confirmation hearings in the Senate. A slimmed-down General Motors emerges from bankruptcy. Florida’s insurance commissioner claims to have “a…
Blog
“It would be hard to devise a surer formula for economic catastrophe.”
It may not be in a debacle like California’s, but I still find it galling to see my home state of Florida go from being…
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Reason’s Michael Moynihan on the SEIU Chavistas
At Reason Hit & Run, Michael C. Moynihan looks at the Service Employees Internatinoal Union’s harassing of broadcasters who air ads opposing the so-called…
Newsletter
Safe Bottled Water, a Second Stimulus and Keeping Government out of Insurance
Rep. Bart Stupak (D-MI) questions the safety of the U.S. bottled water industry. Officials consider putting together a second stimulus package to follow the $787…
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