Posts tagged as:

regulation and its reform

February 19 roundup

by Walter Olson on February 19, 2012

  • Self-service arrangement: Pennsylvania judge charged with fixing her own parking tickets [Lancaster Online]
  • Economist cover story: “Over-regulated America“. Obama hesitant about heavy-handed regulation? Really? [Veronique de Rugy, NRO]
  • Argument for letting money market funds “break the buck” without federal backstop [David Henderson, EconLog]
  • Suing apps makers? “Entertainment Lawyers Go Wild for ‘Secondary’ Copyright Lawsuits” [WSJ Law Blog] SWAT raid on Kiwi copyright scofflaw? [Balko] Despite its editor’s views, NYT finds it hard to avoid breaching copyright laws itself [Carly Carioli, Boston Phoenix] “Contempt Sanctions Imposed on Copyright Troll Evan Stone” [Paul Alan Levy] More: “obscene materials can’t be copyrighted” offered as defense in illegal download case [Kerr]
  • Tenure terror: “Teacher in Los Angeles molest case reportedly paid $40G to drop appeal of firing” [AP]
  • FDA rejects lead-in-lipstick scare campaign [ACSH vs. Environmental Working Group]
  • A horror story of eyewitness I.D. [claim of DNA exoneration in Va. rape case; AP via Scott Greenfield]

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If there’s something a little off in the phrase “job-killing regulation,” there’s something much more off in the notion of job-creating regulation, or so I argue in my new Cato post (& WLF, Above the Law).

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In the earlier and sounder conception of federalism, local and national government were meant to check each other’s overweening power. Nowadays, unfortunately, the two often interact in a cooperative way to encourage bigger government at both levels, as Washington bribes the states to spend and regulate more. I explain at Cato at Liberty (& Damon Root, Reason).

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The U.S. government really doesn’t believe in making it easy, which is why you might think of using a financial institution in Singapore, where they will be happy to do business. “The whole affair was just another friendly reminder of why I try to avoid doing anything in the US at all. Regulations, financial tracking, consumer protection… it’s just too damn difficult to get anything done.” [Simon Black, Sovereign Man]

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“When the companies that supply motor fuel close the books on 2011, they will pay about $6.8 million in penalties to the Treasury because they failed to mix a special type of biofuel into their gasoline and diesel as required by law. But there was none to be had. Outside a handful of laboratories and workshops, the ingredient, cellulosic biofuel, does not exist.” [Matthew L. Wald, New York Times; Kenneth Green, AEI]

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December 20 roundup

by Walter Olson on December 20, 2011

November 2 roundup

by Walter Olson on November 2, 2011

  • A request for anti-SLAPP lawyers in Maine and Maryland [Popehat]
  • “Gallup: Government Regulation the Top Concern Among Small Business Owners” [NRO Corner] Almost as if in rebuttal to claims from Treasury economist [Business Roundtable]
  • Foreclosure law firm in upstate NY under fire after pics posted of its Halloween party [Nocera, Mystal]
  • “GAO Report Details Secrecy Of Asbestos Trusts” [Dan Fisher, Forbes] Crown Cork & Seal seeks successor-liability bill in Massachusetts [Eagle-Tribune]
  • Case against FMCSA’s rule change on truckers’ hours-of-service [Marc Scribner, CEI]
  • Richard Epstein on John Paul Stevens as justice and, now, author [Hoover]
  • Feds say lawyer who advised giant theft ring was partly paid in chic shoes and other designer gear [ABA Journal]

So maybe it’s time to find a new way of expressing the idea of our Byzantine tax code, the Byzantine regulations of federal agencies, and so forth. [Brian Palmer, Slate; link fixed now, thanks reader Bob]

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“’Stricter regulation’ will be the number one driver of increased litigation according to general counsels and other corporate law officials surveyed by Fulbright & Jaworski.” [WSJ Law Blog]

September 28 roundup

by Walter Olson on September 28, 2011

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July 22 roundup

by Walter Olson on July 22, 2011

  • Illinois prisoner sues for land to start his own country [AP]
  • “Have you got a piece of this lawsuit?” Important Roger Parloff piece on litigation finance [Fortune, now out from paywall] “Hedge Funds Finance Medical Malpractice Claims” [Jeff Segal, Michael Sacopulos and Wayne Oliver, Forbes via White Coat]
  • Criminalizing bad parenting: more scrutiny of “Caylee’s Law” proposals [Steve Chapman, L.A. Times and Boston Globe editorials, New Scientist]
  • Deal with ADA complainant averts closure of popular Popponesset Marketplace in Mashpee, Mass. [Cape Cod News]
  • Because it’s not as if NYC needs electricity or anything: Bloomberg gives $50 million to Sierra Club campaign to stop coal burning by utilities [WaPo] “Environmental justice” arguments deployed against pipeline that would bring Alberta tar sands oil to U.S. [John Kendrick, WLF]
  • Unimpaired have permanent right to sue: Fla. high court throws out asbestos-reform law [PBP]
  • Red tape demanded by quality-of-life progressivism suffices to strangle poorer urban economies [Walter Russell Mead]

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Colorado really intends to regulate day-care centers to a fare-thee-well [Popehat, KKCO]

P.S. As Hans Bader rightly points out, the requirement that day cares publicly avow enthusiasm about diversity also gets into some troubling First Amendment territory of government-compelled speech.

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June 30 roundup

by Walter Olson on June 30, 2011

Last week the White House announced with some fanfare the results of federal agencies’ review of their operations to find outdated or unneeded regulations. At Cato at Liberty, I explain why many regulation-watchers are underwhelmed by the results. Mark Steyn at National Review is much funnier on the same topic, including EPA’s very belated recognition that dairy spills on farms are not actually “oil” spills, and also see his postscript on the lengths to which federal inspectors will go to catch out unlicensed use of rabbits in magic shows.

P.S. Much more from Richard Epstein at Hoover “Defining Ideas” (”Reform? What Reform?”).

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I’ve got a new post up at Cato at Liberty noting (after Iain Murray) that the lack of an annual “Regulation Day,” along the lines of tax-filing day, makes the cost of regulation even less apparent to the citizenry. I cite examples from the realms of medical devices, credit cards, and power plants (& Ivan Osorio, American Spectator).

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April 14 roundup

by Walter Olson on April 14, 2011

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In fields from land-use planning to drug development to labor relations, says the NYU law professor, “[e]xcessive regulations cause private firms to displace creative officers and entrepreneurial executives with the dull masters of compliance.” [Hoover Institution "Defining Ideas"]

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January 24 roundup

by Walter Olson on January 24, 2011

  • Trouble with hunting bad/burdensome regulations: most of them have entrenched advocates [NY Times] “Obama — the Great Deregulator?” [Jeff Jacoby, Boston Globe]. Earlier here and here;
  • Now we find out: tax hikes on outsourcing in 9/11 compensation bill infuriate India, were never vetted by Hill tax panels [PoL; more on Easter eggs in bill] Law firm that advertises for 9/11 dust clients is fan of Sen. Gillibrand [Stoll]
  • France will stop censoring some historical images of smokers in ads [NY Times]
  • “2010: The Year of the Angry, Company-Suing Plaintiff” [WSJ Law Blog] “The most sued companies in America” [Fox Business, counting federal-court suits only]
  • Death by drunk driving: As bad as purposeful murder? Worse? [Greenfield]
  • EPA gets specific on its plans to advance “environmental justice,” combat disparate racial impact in project siting, etc. [WLF, Popeo, earlier here, here, here, etc.]
  • Winners of Chamber’s “Most Ridiculous Lawsuits of 2010″ competition [US Chamber ILR]
  • “If the FCC had regulated the Internet” [Jack Shafer, Slate]