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LISTEN NOWThe Freedom Files Podcast Episode 49: Project Arizona Part 5Listen Here
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Blog

Regulatory Agencies Exploit Unintended Consequences of the Digital Millennium Copyright Act

Regulatory agencies have entered the space of copyright law and have tipped the balance of the intellectual property system. Now, it is somehow unclear that agency regulations designed to protect health, safety, and the environment have absolutely nothing to do with copyright law. As with many threats to the balance of intellectual property, Section 1201 is responsible for tipping the scale.

07/14/2016
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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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The Federal Government’s New Overtime Rules Represent a Declaration of War on Job Flexibility and Small Employers

The Department of Labor recently finalized new standards to determine when salaried workers are eligible for overtime pay. While there is minimal evidence that these unilateral rule changes will achieve the aims claimed by the Obama administration, there will be clear harm to the liberty of employees who desire flexible work schedules, while imposing significant compliance costs on many employers. These costs fall especially hard on small employers, as highlighted in today’s House Small Business Committee hearing.

06/23/2016
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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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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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Congress Intensifies Battle Against Regulators As New Rules Grab Legislative Power

During a week in which regulators added $12.8 billion in costs, Congress intensified its battle against the regulatory state. This regulatory outburst comes as no surprise during Obama's final months in office. Earlier this month, regulators rushed to release a flood of regulations, hoping to enact new rules before the newly elected administration takes over.

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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Fury Over School Regulations: It’s the Department of Education, Stupid!

Yesterday's proposed rules on school accountability are yet another reminder that it’s time for federal bureaucrats at the Department of Education to get their hands out of our education system. In its latest power-grab, the department seeks to enact top-down measures that would remove authority from the hands of teachers, school districts, and state government. The regulation would impose Education Department-mandated accountability measures promulgating federal government oversight over student and school achievement.

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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Obama Reveals Final Regulatory Agenda

President Obama has released the regulatory agenda for the final months of his administration. This plan, known as the Unified Agenda, is an overview of the proposed rules and regulations federal bureaucrats plan to issue before the newly elected administration takes over in January 2017.

05/20/2016

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