Series Trailer

In this new video series from the Regulatory Transparency Project, leading legal experts will debate some of the most controversial regulatory issues in America today. Moderated by the Hon. Paul J. Ray, “Regulation and Red Tape” will tell true stories of how federal regulatory actions impact the lives of ordinary Americans and the economy they rely on. In watching this series, you will have the opportunity to learn more about how the regulatory process functions, consider how and when regulatory action is necessary, and evaluate the trade-offs involved when the regulatory state acts.

Episode 1 – Mergers, Monopolies, and the FTC

Since the 19th century, the United States government has intervened to combat the growth of monopolies in our economy. The stakes in these interventions are high. Without government oversight, monopolies can stifle competition, and raise prices for Americans. But with excessive intervention, the government can also damage the economy by preventing companies from growing and innovating. This has led to an ongoing debate on the best strategy for regulating mergers. When should the government stop two companies from joining forces to prevent economic domination and the suppression of competition? When should the government step back and allow companies to join together to promote growth and innovation?

In this first episode of the “Regulation and Red Tape” series, antitrust experts address these questions and consider the impact of the FTC’s proposed merger guidelines.

Episode 2 – Sackett v. EPA: A Tale of Wetland Regulations

At what point can Americans go to court to defend themselves against agency enforcement action?

This crucial question arose for the Sackett family when they embarked on the initial stages of constructing their home near Priest Lake, Idaho. EPA agents arrived on their property and asserted that it was a federally protected wetland. The EPA subsequently issued a compliance order that would subject the Sacketts to a fine of $37,500 a day. What followed was years of legal battles between the Sackett family and the EPA, culminating in two pivotal Supreme Court decisions.

In the second episode of the “Regulation and Red Tape” series, experts delve into the story of the Sackett family, their experience with the EPA, and the due process questions raised by the story.

Episode 3 – Boucher v. USDA: Navigating the Swampbuster Provisions

Episode 4 – Tax Inversions: Unpacking the Pfizer Case

Episode 5 – TARP: Examining the 2008 Bank Rescue Plan


The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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