Consumer Protection at the FTC and the CFPB

This paper examines and makes recommendations on improving consumer protection efforts at both the Federal Trade Commission and the Consumer Financial Protection Bureau.

Read this paper

State Licensing Boards, Antitrust, and Innovation

This paper discusses occupational licensing boards, competition, and the role antitrust law can play in the marketplace.

Read this paper

Occupational Licensing Run Wild

This paper provides historical analysis of occupational licensure in the United States, discusses the costs and benefits of our licensing system, explores so-called “licensing creep,” and proposes solutions to help address “occupational licensing run wild.”

Read this paper

Creativity and Innovation Unchained: Why Copyright Law Must be Updated for the Digital Age by Simplifying It

This paper discusses how “the basics of copyright are fully compatible with modern technology, but specific provisions enacted years ago to try to address long-gone business and technological problems are still on the books. Instead of solving yesterday’s problems, these sticky laws shackle today’s creative marketplace.”

Read this paper

Repeal the Jones Act for American Energy

This paper discusses how “the Jones Act is a particularly promising target for repeal or modification because it could be a confidence-building measure toward freer trade, less costly regulation, and less government interference in energy markets.”

Read this paper

Restoring Meaningful Limits to “Waters of the United States”

This paper discusses the EPA’s “expansive regulatory approach” to the Clean Water Act, most notably in the “Waters of the United States Rule.”

Read this paper

A Review of Department of Education Programs: Transgender Issues, Racial Quotas in School Discipline, and Campus Sexual Assault Mandates

This paper details “several areas where a single federal administrative agency has replaced the legitimate function of the legislature to define discrimination based on race, color, national origin, sex, and religion.”

Read this paper

A Spoonful of Clarity Will Help Wellness Plans Thrive

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) finalized highly anticipated regulations that purport to define the extent to which the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) permit employer-sponsored wellness plans. While the EEOC’s final regulations purport to “harmonize” wellness plan requirements under the ADA, GINA, HIPAA, and ACA, the EEOC has in fact added several additional regulatory burdens on employers that administer wellness plans.

Read this paper

College Campus Job Recruiting and Age Discrimination

The Equal Employment Opportunity Commission (EEOC) contends that campus recruiting programs and other hiring programs that focus on recent graduates are presumptively illegal. These kinds of hiring programs have been part of the American economy for several decades, and no court has ever declared them unlawful, nor has any law. And, the EEOC itself has sponsored hiring programs that prefer recent graduates. The U.S. Department of Justice likewise maintains an ‘honors program that it limits to recent graduates. So, why does the EEOC maintain such an unsupported position? The EEOC says that a regulation it issued under the Age Discrimination Employment Act (ADEA) properly interprets the ADEA and makes such programs presumptively illegal age discrimination. Fortunately, the U.S. Courts of Appeals for the Fifth, Seventh, Eighth, Tenth, and Eleventh Circuits and three Supreme Court justices have rejected the EEOC’s position, and no court of appeals or Supreme Court justice has endorsed it. Despite this uniform authority, the EEOC continues to pursue investigations and litigation against such hiring programs.

Read this paper

Pay Data Collection

This paper discusses the U.S. Equal Employment Opportunity Commmision’s (EEOC) attempts at minimizing the “pay gap.” In 2016, the EEOC issued a rule requiring employers to disclose their employee’s compensation data to the federal government. By the end of March 2018, employers with 100 or more employees will be required to have collected, organized on forms, and reported to the EEOC a summary of their employees’ pay. The EEOC primarily hopes to use this reporting to ferret out pay discrimination. A worthy cause. The data, however, is destined to prove fruitless — and worse, it will lead the EEOC away from stamping out actual wage discrimination, as evidenced by the federal government’s previous attempt to collect pay data. All the while, the new report will further saddle the economy with costly paperwork and red tape, ultimately harming the American workers the EEOC claims to be protecting.

Read this paper