2018 JLEP Symposium: Creative Regulators and Environmental Protection

March 7, 2018

Government regulation is intended to improve the efficiency of markets and protect people from harms they cannot identify or prevent on their own. But, for decades, advocates have debated whether the regulatory process and rules developed through it are too strict or too lax; whether they properly account for all the things society values; and even whether they make society better or worse off on balance. The Journal of Law, Economics & Policy’s Symposium on Regulatory Reform, Transparency, and the Economy explored these and related questions as leading scholars and practitioners examined a number of recent regulatory proposals impacting a broad swath of the American economy – from banking and finance to energy and the environment, and from employment law to the internet economy. Speakers considered and debated how well these proposals would perform their intended functions and how they might be improved.

The symposium featured discussions of research papers prepared by experts working on the Federalist Society’s Regulatory Transparency Project. The proceedings of the Conference were published in a special symposium issue of George Mason’s Journal of Law, Economics & Policy.

Time to Reform the Jones Act?

February 26, 2018

Section 27 of the Merchant Marine Act of 1920, colloquially known as the Jones Act, requires that shipments between two U.S. ports be on U.S.-built, U.S.-manned, and U.S.-owned vessels. Because of the Jones Act, it is often more expensive to ship supplies between U.S. ports than it is to ship supplies abroad. The Act was adopted in 1920 to support naval preparedness by boosting the U.S. shipbuilding industry.

But is it time to scale back the Jones Act? The U.S. energy export boom is leaving U.S. consumers behind because it is cheaper to ship oil and liquefied natural gas all the way to Europe or Asia than to the U.S. East Coast. And the Jones Act, long a drag on Puerto Rico’s economy, is also raising the cost of all the aid necessary to help the island recover from Hurricane Maria. This expert panel explores the Jones Act controversy and discusses whether it can be reformed without endangering national security.

Occupational Licensing, Antitrust, and Innovation

August 14, 2017

Every state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen a significant proliferation of such laws, with less than 5% of jobs in the American economy requiring a license in the 1950’s to between 25-30% today. Although licensing in some occupations may benefit the public by reducing information asymmetry and/or ensuring a minimum quality level for a particular service, the significant growth in the number of occupations governed by some form of licensing requirements poses a potential threat to competition and consumer welfare. Our panel of experts discussed these important issues.