Public Participation and the Power of Persuasion

Brian F. Mannix

March 20, 2018

I care about regulatory policy, and over the years have filed comments on the record in dozens of agency rulemakings. Most of these comments have been ignored, but many have been influential – a few spectacularly so. I cannot say the same about the votes I have cast in federal elections.

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Letter to Congress: Support an Open and Free Internet

Richard Epstein

March 16, 2018

We support a free and open Internet and we oppose utility regulation of the most dynamic communications platform the world has ever seen.  For these reasons, we encourage Congress to oppose the adoption of a CRA resolution to overturn the RIF Order.

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U.S. Commission on Civil Rights Report on Educational Equity – Commentary

Carissa Mulder

March 12, 2018

The U.S. Commission on Civil Rights recently released a report entitled, “Public Education Funding Inequity in an Era of Increasing Concentration of Poverty and Resegregation.” The report argues that children from low-income families tend to live in school districts that have less money than children from wealthier families. Despite the report’s emotional language, these funding gaps are not as stark as one might suppose.

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Finding the Value in Financial Failure

Wayne A. Abernathy

March 1, 2018

Title II of Dodd-Frank—written in law as secondary, a recourse to the bankruptcy process—has been criticized by some for being punitive, prone to destroy value, and by others as too vulnerable to use in propping up failed firms that should be removed from the financial playing field.

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Reading Past The Headline In OMB’s Report To Congress

Eileen J. O'Connor

February 28, 2018

As required by the Regulatory Right to Know Act, enacted in 2000, the Office of Management and Budget submits an annual report to Congress outlining the costs and benefits of regulations issued the previous year.  It appears, from the latest report, issued in draft form last Friday, that the benefits of regulations in effect the past ten years are three to eight times their costs.

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Further Reflections on the Oil States Case after Oral Argument Before the Supreme Court

Richard Epstein

February 23, 2018

Oil States gives the Supreme Court the chance to stop a process that has already run off the rails. And if it does not, Congress should take steps to restore the proper constitutional balance.

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Outstanding New Article on “Disparate Impact” and School Discipline

Roger B. Clegg

February 13, 2018

Gail Heriot and Alison Somin have written an important article that will appear in the Texas Review of Law & Politics, “The Department of Education’s Obama-Era Initiative on Racial Disparities in School Discipline:  Wrong for Students and Teachers, and Wrong on the Law.”

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The Truth about DOL’s Tip Pooling Proposal

Tammy McCutchen

February 5, 2018

“Employee advocates” are objecting to the DOL’s tip pooling proposal, but one wonders why they are advocating for front-of-the-house employees at the expense of back-of-the house workers.

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DC Circuit Decision on CFPB Leadership

Julius “Jerry” Loeser

January 31, 2018

Today, the U.S. Court of Appeals for the District of Columbia, sitting en banc, issued its decision in PHH Corporation, et al. v. Consumer Financial Protection Bureau, on whether the provision in the Dodd-Frank Act  that the director of the CFPB cannot be removed by the President for any reason other than “inefficiency, neglect of duty, or malfeasance” is consistent with Article II of the Constitution vesting executive power in the President who is to “take care that the Laws be faithfully executed.”

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The Taiwan Fair Trade Commission’s Problematic Qualcomm Decision Highlights the Urgent Need for U.S. Leadership in International Antitrust

Joshua D. Wright

December 13, 2017

The TFTC’s Qualcomm decision clearly demonstrates the urgent need for further steps and continued leadership from American antitrust agencies.

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