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Empire State of Mind
Executive Summary New York State’s environmental permitting procedures represent a mixed bag. On the one hand, the Uniform Procedures Act (UPA), signed into law in…
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Ten Thousand Commandments 2024
The hidden tax of regulation has proved appealing to lawmakers who feel the pressure of a national debt topping $34 trillion. Off-budget regulations requiring private…
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How to Keep the Lights On
A reliable electrical grid is essential to all aspects of daily life. Power keeps the lights on, appliances running, and keeps our homes warm on…
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Congress, Not Agencies, Should Answer Major Policy Questions
Many of the biggest policy decisions affecting the lives of Americans are made by federal agencies, not Congress. During the Biden administration, this has included…
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Distilling Efficiency
Colorado has made notable efforts to streamline its environmental permitting processes over the past few decades through initiatives like the Colorado Joint Review Process (CJRP),…
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Climate Disclosure Spam
Introduction “Despite cost-saving changes from the proposed rule, the final rule will prove expensive for public companies and their shareholders who will be paying for…
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Transparency on Tap
The Commonwealth of Virginia has been implementing a Virginia Permit Transparency (VPT) initiative over the last several years, which includes an online permitting portal designed…
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Restoring Good Guidance Practices
Executive summary Federal agency guidance documents form a large and expanding part of the administrative state’s regulatory universe. These informal documents including memoranda, bulletins, and…
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Champagne Regulations on a Beer Budget
Regulation is often regarded as akin to a tax, albeit one that takes place off of the government’s books. Similar to a value-added tax, it…
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Adam Smith’s guide to life, loveliness, and the modern economy
Introduction: Going strong at 300 Ryan Young This essay collection celebrates Adam Smith’s 300th birthday. He is best known for being the first modern economist,…
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Achieving Change at the Federal Trade Commission
Introduction “Never mistake activity for achievement.” – John Wooden Although small in budget, the Federal Trade Commission (FTC) has sometimes had an outsized impact. Created to fulfill one of…
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Myths and Facts in Radiation Risks
Introduction Nuclear power is probably the only known energy source that can support the world’s growing energy needs while simultaneously reducing global carbon dioxide emissions.1…
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Major Questions on Net Neutrality
The Federal Communications Commission (FCC) is poised once again to change and classify broadband internet access service (BIAS), the mass market wireline and wireless broadband…
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Breaking the Backlog
Pennsylvania has a long history of reforming its environmental permitting practices to improve efficiency. Despite periods of progress and some improvements in average review…
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Forcing the UN’s Hand on China
Most United Nations (UN) environmental treaties are a bad deal for America that are made worse by classifying China as a developing nation and thus…
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Toward a US-Swiss Trade Agreement
This paper examines the benefits and challenges of a potential free trade agreement (FTA) between the United States and Switzerland. Such an agreement would do…
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Big Problems with SEC Climate Disclosure Mandate
The US Securities and Exchange Commission (SEC) is finalizing its mandatory climate disclosure rule[1] that will require publicly traded companies to provide the…
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Don’t Depower Crypto
Introduction In President Biden’s Fiscal Year 2024 budget blueprint,1 the president proposed a new tax aimed at the electricity use caused by cryptocurrency mining. Known…
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Conflict of Justice
Introduction Imagine that a federal agency has charged you with violating a law or regulation, and you have to defend yourself in court. But you…
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A Global Antitrust Paradox?
Executive summary In today’s Washington, bipartisan consensus is rare. But at least two points of consensus remain. The first is that America’s defining geopolitical challenge…
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Four Hot Issues at COP28
Over 75 different agenda items will be discussed and negotiated in Dubai at the 28th annual Conference of the Parties of the United Nations Framework…
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Ten Thousand Commandments 2023
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
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The UN’s Annual Climate Conference
I remember the first Conference of the Parties of the United Nations Framework Convention on Climate Change (COP) I participated in.1 It was back in…
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Rules for Robots – A framework for governance of AI
Introduction With the rise of artificial intelligence (AI) and machine learning technologies in recent years, we have seen increasing calls for regulation to mitigate the…
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The World Needs More Lawyers
This study was originally authored for the Regulatory Transparency Project at The Federalist Society By Shoshana Weissmann, Daniel Greenberg, Luke Wake, Braden Boucek and Jonathan…
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A Free Market Solution for Drug Distribution
Executive summary This paper describes and explains the function of Pharmacy Benefit Managers (PBMs) in the American health care economy. PBMs are private businesses that…
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Threats Then and Threats Now
Executive summary In 1971 Lewis Powell, a prominent Republican lawyer who would go on to serve on the Supreme Court, wrote a memo warning about…
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The Forgotten History of the Wagner Act
Introduction President Joe Biden on April 26, 2021, announced the creation of a special Task Force on Worker Organizing and Empowerment. The purpose of the…
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FTC’s Subscription Deception
Proposed Negative Option Rule has no opt-out from bureaucratic overreach Introduction The Federal Trade Commission (FTC) announced a Negative* Option Rule Notice of…
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Four Principles for Real Permitting Reform
Federal legislators continue to focus on permitting reform. For example, the Senate is reportedly1 working on more ambitious reform than those recently enacted in the…
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Unauthorized and Unprepared: Refocusing the CDC after COVID-19
Executive Summary What This Paper Covers The Centers for Disease Control and Prevention, the nation’s preeminent public health agency, has acknowledged that it failed badly…
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Global Infrastructure Permitting
Executive Summary The construction of major infrastructure projects, such as power plants, highways, and ports, is heavily regulated. In major industrial economies, such projects typically…
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Constitutional Restoration: How to rebuild the separation of powers
Introduction A specter is haunting America—the specter of unlimited government. A central feature of our Constitution is that it restricts the federal government’s powers. These…
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Permitting reforms, finally
Introduction The United States has one of the world’s most burdensome, time-consuming, and unpredictable systems for authorizing major infrastructure projects. The centerpiece of that system…
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Five Myths of Civil Forfeiture
Executive Summary Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil…
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M&As Are A-Okay
Fretting about “killer acquisitions” and “kill zones” is common among regulators in Washington these days, but entrepreneurs and investors at work in the tech industry…
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Inside the Carbon Cult
Foreword Kevin D. Williamson has a pretty good claim to being the best columnist in the United States right now. I don’t say that lightly.
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Two Wrongs Don’t Make a Right to Repair
Should you have the legal right to fix your own stuff? At first glance, the answer would seem like a simple “yes.” That simple answer…
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Turning Back the Clock: Structural Presumptions in Merger Analyses and Revised Merger Guidelines
Introduction Since 1950, when Congress closed a loophole in Section 7 of the Clayton Act,[1] the federal antitrust agencies have investigated actively, and prosecuted diligently, mergers the government…
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Freedom Wins
ABOUT THE AUTHORS Joel M. Zinberg, M.D., J.D. is the Director the Public Health and American Well-Being Initiative at Paragon Health Institute, and a senior…
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Climate Fact Check January 2023
Presented by the Competitive Enterprise Institute (CEI), the Heartland Institute, Energy & Environment Legal Institute, Committee for a Constructive Tomorrow (CFACT), the International Climate Science…
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Climate Fact Check 2022
Presented by the Competitive Enterprise Institute (CEI), the Heartland Institute, Energy & Environment Legal Institute, Committee for a Constructive Tomorrow (CFACT), and the International Climate…
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Free to Prosper
Free to Prosper: A Pro-Growth Agenda for the 118th Congress highlights specific steps lawmakers can take to prevent overreach by executive branch agencies, reduce the costs…
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Memoirs of a Prosecutor
Foreword Viewers who have seen the classic TV detective show Dragnet will recall the lines that introduced each episode: “The story you are about to…
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Ten Thousand Commandments 2022
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
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Unleashing America’s Energy Abundance
As a side deal to the Inflation Reduction Act of August 2022, Sens. Joe Manchin (D-WV) and Chuck Schumer (D-NY) agreed to streamline infrastructure permitting.
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Strategies to Improve the National Artificial Intelligence Research and Development Strategic Plan
Few policy issues are as crucial to the future of U.S. national security and global economic competitiveness as the development of artificial intelligence (AI)…
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How Regulatory Sandbox Programs Can Promote Technological Innovation and Consumer Welfare
Around the world, leading financial centers seek to attract companies capable of developing innovative financial products and services. From blockchain-based payments to alternative credit scoring…
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A Market Approach to Regulating Stablecoins, the Future’s Money
Executive Summary The cryptocurrency sector experienced its most successful year to date in 2021. Familiar digital assets Bitcoin and Ethereum hit record values, as the…
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Terrible Tech Bills from the 117th Congress
Congress is considering an onslaught of legislation targeting the largest tech platforms in the U.S., addressing topics such as mobile apps, advertising, merger review,…
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How Congress and the Federal Communications Commission Can Help Improve Affordable Internet Access to Underserved Populations
June 30, 2022 …
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The Case for Letting Crises Go to Waste
Executive Summary An Abuse-of-Crisis Prevention Act to reaffirm boundaries of politicians and the legislation they can pass has become necessary to the survival of limited…
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The SEC’s Costly Power Grab
The concept known as environmental, social, and governance (ESG) investing has gained an increasingly high profile in recent years, with advocates producing a large volume…
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The European Union’s Digital Markets Act Seeks to Regulate Competition with Little Regard to Impact on Consumers
Henrique Schneider is the deputy CEO of the Swiss Federation of Small and Medium Enterprises Coming full circle: For much of the 19th century, “trusts”…
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Five Myths of Civil Forfeiture
Executive Summary Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil…
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Don’t Confuse the Platform with the Train
Executive Summary Should social media companies be regulated like common carriers? To answer that question, this paper describes the functions and origins of social media…
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The State Antitrust Paradox
EXECUTIVE SUMMARY American antitrust law is the bedrock of competition policy in the United States. It has also proven among the most intellectually challenging areas…
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Central Bank Digital Currencies Threaten Global Stability and Financial Privacy
Executive Summary As digital currencies go mainstream around the world, governments and international financial bodies are seeking to develop ways to regulate them. Some countries…
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The High Costs of the Break Free from Plastic Pollution Act
Concerns about plastics waste in the world’s oceans have raised genuine issues about the impact of plastics on the environment. In response, Sen. Jeff Merkley…
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Why Carbon Taxes Are Anti-Growth, Anti-Consumer, and Politically Dangerous for Conservatives
A tax on carbon dioxide (CO2) emissions, contrary to its advocates’ claims, is a market-rigging policy, not a free market one. Its purpose is to…
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Ban Overboard: Exploring Solutions to Ocean Pollution
Heartbreaking photos and videos of wildlife harmed by plastics litter have rightly raised public concerns about plastics in the ocean. In response, state and local…
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“They’re Taking My Stuff!”
What You Need to Know about Seizure and Forfeiture…
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The Immeasurable Benefits of Plastics to Humanity
It is popular these days for people to proclaim that they are giving up plastics. Just browse the Web and you will find all sorts…
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How Plastics Benefit Wildlife and the Environment
Several proposals designed to end America’s so-called addiction to plastics are currently pending in Congress. They include the Break-Free from Plastics Act (H.R. 2238, S.
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Screening Out Innovation
Executive Summary This report addresses the appropriate antitrust standards for vertical mergers. It first provides an overview, and then analyzes a specific application to the Federal Trade Commission’s…
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Ten Thousand Commandments 2021
View Full Report Here Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and…
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Preserving Section 230 Is Key to Maintaining the Free and Open Internet
Passed as part of the Telecommunications Decency Act of 1996, Section 230 was intended to clarify liability rules online and to encourage sites to create…
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The Protect the Right to Organize Act Empowers Unions at Workers’ Expense
View the Full Document as PDF The Protecting the Right to Organize (PRO) Act is touted by its supporters as advancing the rights…
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Frequently Asked Questions on ESG Theory
View Full Document as PDF Q: What does “ESG” stand for? A: ESG is short for “environmental, social, and governance.” It is a…
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Environmental, Social, and Governance Theory
View Full Document as PDF EXECUTIVE SUMMARY The concept known as environmental, social, and governance (ESG) theory has a long history of similar,…
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A Way Forward for Vaccination Passports
View Full Document as PDF Countries around the world have announced plans to implement vaccine passports—electronic or paper credentials that show the person…
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The Annual Percentage Rate Is the Wrong Metric for Assessing the Cost of a Short-Term Loan
Think calculating the cost of a loan is simple? Not under the longtime rules of the federal government and many states. Consider the following recent…
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Free to Prosper
View Full Document as PDF Free to Prosper: A Pro-Growth Agenda for the 117th Congress highlights specific steps lawmakers can take to rein in…
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Labor of Love: A Fred Smith Story
View Full Book as PDF Edited by Kent Lassman, Amanda France, and Ivan Osorio INTRODUCTION View Introduction as PDF Everyone…
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U.S. Antitrust’s Greatest Misses
Today’s advocates for expanding antitrust regulation often cite famous antitrust cases of the past to suggest that stricter antitrust enforcement can enhance consumer welfare,…
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Modernizing Environmental Reviews under the National Environmental Policy Act
View Full Document as PDF The Trump administration has finalized a new set of rules to implement the National Environmental Policy Act (NEPA),…
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EPA Should Revise Its Assessment of Medical Supply Sterilant
The COVID-19 crisis is a stark reminder of the importance of maintaining critical medical supplies. Not only must policy makers ensure that the market is…
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Reforming Surface Transportation for Long-Term Sustainability
View Full Document as PDF EXECUTIVE SUMMARY When policy makers are asked to assess the condition of highway infrastructure, their responses tend to break…
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Would More Electric Vehicles Be Good for the Environment?
Executive Summary The environmental advantages of electric vehicles (EVs) over internal combustion engine-powered vehicles are as obvious as the lack of a tailpipe emitting air…
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European Union Antitrust Policy in the Digital Era
The European Commission wants Google to become less connected, the German government wants Facebook to use less data, and the French government wants to promote…
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Science May Be the Easy Part
The COVID-19 pandemic has already infected more than 7 million Americans, claiming over 200,000 lives in the U.S. Since the disease is caused by a…
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Repeal #NeverNeeded Antitrust Laws that Hinder COVID-19 Response
Big technology firms have been invaluable in easing the burden of quarantine for millions of consumers[1] and businesses.[2] Unfortunately, the Department of Justice, the Federal…
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The Double Standards of Cannabis and Nicotine
View Full Document as PDF Executive Summary The principal benefit of recreational cannabis, as the name implies, is recreation. Many who enjoy using…
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Terrible Tech 2.0
View Full Document as PDF Executive Summary If you are looking for bipartisanship in Washington, D.C., the technology policy sector may be your…
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Repeal or Reform the Jones Act
The COVID-19 pandemic has triggered the worst economic crisis since the Great Depression. Tens of millions have lost their jobs. Unleashing the innovation and productivity…
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#NeverNeeded Price Gouging Laws Would Harm COVID-19 Response
Price gouging becomes a hot topic during every crisis. It has become especially topical during the COVID-19 crisis. Almost overnight, the need exploded for goods…
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Repeal of #NeverNeeded Regulations Can Help People Stay Home and Safe During the COVID-19 Crisis
As individuals and businesses continue to address the COVID-19 health crisis, access to technologies and services that have enabled large swaths of the economy to…
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How to Make Sure Reformed #NeverNeeded Regulations Stay That Way
Policy makers at all levels of government have waived more than 600 regulations in response to the COVD-19 crisis.[1] Those rules were…
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Repeal #NeverNeeded Trade Barriers
The most important priorities during the coronavirus pandemic are keeping people safe and minimizing economic damage. Trade barriers are harming both priorities. This paper contains…
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Policy Principles: Consumer Privacy
PRIVACY The right to privacy is a bedrock principle of a free society and essential to today’s economy. Yet, privacy protection is an ever-evolving field.
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Take Net Neutrality Regulations off the Table for Good
Congress should eliminate the looming threat of net neutrality regulations to Internet service providers (ISPs). Regulation deters investment and the coronavirus health crisis has revealed…
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America Last
The Jones Act requires any ship traveling between two U.S. points to be U.S.-manufactured, -owned, -flagged, and -crewed. This heavy-handed protectionist measure was enacted in 1920…
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End All National Institutes of Health Grants to the World Health Organization’s International Agency for Research on Cancer
As the Trump administration considers defunding the World Health Organization (WHO) because of its handling of the COVID-19 crisis, it should also make sure that…
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Perverse Psychology
Cigarette smoking is a lethal habit that kills approximately half of those who sustain it over their lifetime. But, contrary to popular belief, the nicotine…
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Government-Run Payment Systems Are Unsafe at Any Speed
For people quarantining during the COVID-19 health crisis, electronic payments proved essential to obtaining needed supplies, from groceries to medicines, while maintaining social distancing and…
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Lift #NeverNeeded Plastics Regulations and Bans – Permanently
Since the COVID-19 pandemic hit, lawmakers have finally begun considering the unintended impacts of bans on single-use plastics, particularly the potential for disease transmission from…
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The Case against Social Media Content Regulation
As repeatedly noted by most defenders of free speech, expressing popular opinions never needs protection. Rather, it is the commitment to protecting dissident expression that…
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Ten Thousand Commandments 2020 – Executive Summary
Download the Executive Summary as a PDF Spending control and deficit restraint are indispensable to a nation’s stability and long-term economic health. Yet alarm…
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Ten Thousand Commandments 2020
Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope, and cost of federal regulations, and how they affect American consumers,…
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Deploy Rational Science-Based Policies for Medical Plant Sterilization
Several medical supply sterilization plants have shut down during the past year because of unwarranted fearmongering about ethylene oxide (EtO), a gas used to sterilize…