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LISTEN NOWThe Freedom Files Podcast Episode 38: Dr. Adrian MooreListen Here
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Blog

If You Build the Blockchain, Regulators Will Come

The hardest part of drafting any new regulation is establishing a definition. In fact, most of the policy work is in the definition and there are alarmingly few policy considerations after something is defined as a covered entity. The definition of cryptocurrency has already proved problematic for regulators. Essentially, to commodities regulators, virtual currency is a commodity. For bank regulators, it is a bank. For securities regulators, it is a security. For those who regulate money transmitters, it is a money transmitter. For the purpose of property taxes, it is a property. Everyone wants a stake in the new world of virtual currency.

07/12/2016
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Blog

USDA Spends $19.9M on One Fish, Two Fish, Red Fish...Catfish?

The Senate recently passed legislation that would result in a minor victory against the regulatory state and for the legislative branch reclaiming its powers. The measure is now pending in the House, where Republican leadership should bring the measure up for a vote. What is the target of this unnecessary regulation? Catfish. Yes, catfish.

06/09/2016
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Blog

Supreme Court Decision Underscores Growing Concern Over Regulatory Overreach

Given the harassment and everyday burdens that federal bureaucrats subject small businesses and families to, it seems obvious that decisions could be challenged by the basic process of judicial review. This right, however, was apparently not entirely evident. The Supreme Court on Tuesday ruled unanimously in favor of property owners in a decision that weakens the EPA’s authority under the Clean Water Act. The ruling in United States Army Corps of Engineers v. Hawkes Co., Inc gives landowners and businesses the right to go to court when federal regulators trample their rights to property and due process.

05/31/2016
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Blog

Who Needs Class Action When We've Got Regulations?

In a proposed regulation that would limit the use of arbitration agreements as a means to settle consumer disputes, the Consumer Financial Protection Bureau (CFPB) justifies its advocacy of the class action process through its own study, which, upon further examination, was no more than a data-filled, 728-page Trojan Horse.

05/27/2016
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Blog

Regulations Work Overtime to Hurt Employees, Small Businesses

Last week, the U.S. Department of Labor (DOL) announced revisions to the proposed rules interpreting the Fair Labor Standard Act’s regulations on the overtime compensation pay of white-collar, salaried workers. Currently, salaried employees making more than $23,660 annually are exempt from the DOL requirement that employers pay time-and-a-half for each hour over 40 hours weekly. The final rule, with several key changes to the proposed rule, will extend overtime pay protections to over 40 million American workers.

05/24/2016
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Blog

Bill's Not Just a Bill. And He's Not Just Sitting Here on Capitol Hill.

As the "drop dead date" for Obama administration regulations draws near, we are expecting a flood of "midnight regulations." Regulatory agencies, in an eleventh-hour attempt to pass new rules before the start of the next administration, will make a huge push in ushering in new proposals. In preparation for this regulatory outburst, we have provided a brief guide explaining how proposed rules become regulations.

05/16/2016
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Blog

With Seven-Day Extension, Obama Midnight is Dark and Full of Regulatory Terrors

The "drop dead date" for federal regulations is fast approaching and we are expecting more overreaching proposals. This is the last date that proposed rules can be finalized by the Obama administration, without fear that the next President will overturn them under the Congressional Review Act. Regulatory agencies are expected to release a flood of regulations before this date. This regulatory outburst, first noted in the final days of the Carter Administration, is known as "midnight regulations."

05/16/2016