Occupational Licensing Run Wild

November 7, 2017

The authors of this paper provide a historical analysis of occupational licensure in the United States, discuss the costs and benefits of our licensing system, explore so-called “licensing creep,” and propose solutions to help address “occupational licensing run wild.”

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

October 27, 2017

The authors of this paper argue that “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.”

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Repeal the Jones Act for American Energy

September 28, 2017

In this paper, James Coleman explores the Jones Act and argues that repealing the almost-hundred-year-old law “could be a confidence-building measure toward freer trade, less costly regulation, and less government interference in energy markets.”

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Restoring Meaningful Limits to “Waters of the United States”

September 26, 2017

In this paper, Daren Bakst, Mark Rutzick, and Adam White explore the EPA’s recent “Waters of the United States” rule and argue that such an approach “imposes immense costs and burdens on private property rights and on economic growth.”

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

September 12, 2017

The authors of this paper explore the Department of Education’s enforcement of laws aimed at curtailing discrimination in education, and argue that there are “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.”

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A Spoonful of Clarity Will Help Wellness Plans Thrive

September 8, 2017

In this paper, Diana Furchtgott-Roth and Gregory Jacob discuss the EEOC’s 2016 regulations defining 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, the papers authors argue that the EEOC has in fact added several additional regulatory burdens on employers that administer wellness plans.

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College Campus Job Recruiting and Age Discrimination

September 6, 2017

In this paper, Diana Furchtgott-Roth and Gregory Jacob explore the EEOC’s contention that campus recruiting programs and other hiring programs that focus on recent graduates are presumptively illegal because they constitute age discrimination. They dive into the EEOC’s legal justification for the position and explore recent litigation for and against the rule.

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Pay Data Collection

September 4, 2017

In this paper, Diana Furchtgott-Roth and Gregory Jacob discuss the EEOC’s 2016 rule requiring employers to disclose their employees’ compensation data to the federal government in order to minimize the “pay gap”, and argue that this data collection is destined to prove fruitless, will lead the EEOC away from stamping out actual wage discrimination, and saddle the economy with costly paperwork and red tape.

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Crippling the Innovation Economy: Regulatory Overreach at the Patent Office

August 14, 2017

The authors of this paper argue that the PTAB has become a prime example of regulatory overreach by creating unnecessary costs for inventors and companies, and, thus, harming the innovation economy far beyond the harm of the bad patents it was created to remedy.

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Regulators in Cyberia

July 24, 2017

The authors of this paper discuss the negative and sometimes unintended consequences that regulations can have on America’s most dynamic and fastest growing industry: the technology sector.

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