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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Attorney General Directs DOJ to Stop Circumventing APA

Susan Dudley

November 20, 2017

In remarks to the Federalist Society’s National Lawyers Convention on Friday, Attorney General Jeff Sessions announced new Department of Justice policy on issuing guidance “or similar instruments of future effect by other names, such as letters to regulated entities.”

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Using Tax Reform to Reveal the Hidden Cost of the Administrative State

J. Kennerly Davis, Jr.

November 14, 2017

Regulatory compliance costs impose an enormous burden on the American economy, a hidden tax that we all must pay in higher prices and smaller paychecks.

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The Supreme Court Tackles Patent Reform

Richard Epstein

October 27, 2017

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC is the most important intellectual property case to come before the Supreme Court in many years. It challenges some of the innovative dispute resolution provisions of the 2011 American Invents Act (AIA) the most significant legislative reform of patent law since the Patent Act of 1952. Oil States assumes its vast significance because its outcome will determine, perhaps for decades, the litigation framework for all future patent disputes.

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Can Regulations Come with Unintended Costs?

J. Kennerly Davis, Jr.

October 25, 2017

Can regulations come with unintended costs? They certainly can, and often do.

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The Bureau Shrinks the Supply of Smaller Dollar Loans. What About the Demand?

Wayne A. Abernathy

October 13, 2017

These days the financial regulators are engaging in a careful but high priority regulatory reform process, looking at regulations of recent years to see how they may be revised and refined to promote economic growth. Except for the Bureau of Consumer Financial Protection. The Bureau is still in the business of adding new regulations.

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High Stakes in “Waters of the United States” Rulemaking

Donald Kochan

October 3, 2017

The WOTUS debate raises a lot of big issues. “Restoring Meaningful Limits to ‘Waters of the United States'” offers a good summary of the stakes involved in getting the definition right.

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Jones Act Waived for Puerto Rico – RTP Expert Argues for Complete Repeal

Devon Westhill

September 28, 2017

Today, President Donald J. Trump waived the requirements of the Merchant Marine Act of 1920 – better known as the Jones Act – for Hurricane-battered Puerto Rico. The waiver takes effect immediately.

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