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The Midnight Regulation Phenomenon

It’s officially midnight in Washington, when an outgoing presidential administration rushes to complete its priorities before a new administration takes office.

Milestones in the Evolution of the Administrative State

The modern administrative state, as measured by number of agencies, their budgets and staffing, and the number of regulations they issue, has grown significantly over the last hundred years. This essay reviews the origins of the administrative state, and identifies four milestone efforts to hold it accountable to the American people: passage of the Administrative Procedure Act in 1946, the economic deregulation of the 1970s and ‘80s, requirements for ex-ante regulatory impact analysis, and White House review.

Regulation in the Biden Administration

The Biden-Harris Administration will enjoy many important successes in its early days. The Executive Orders and Guidance Documents it will issue on or shortly after inauguration day will come close to restoring the regulatory environment that existed when President Trump took office. But the progressive agenda will be on hold, at least as long as Republicans control the Senate.

Motor Carrier Rate Bureaus

Craig Keats participated in our Delivering the Goods event to commemorate the 40th anniversary of the Staggers Rail Act and Motor Carrier Act.

Regulatory Impact Analysis in Brazil

The Federal government of Brazil issued an executive order that made regulatory impact analysis (RIA) mandatory for regulations.

DHS's Affidavit of Support on Behalf of Immigrants

The Department of Homeland Security (DHS) is proposing to amend its regulations governing the affidavit of support requirements under section 213A of the Immigration and Nationality Act. The department estimates that the notice of proposed rulemaking (NPRM) will produce direct net costs of up to $2.0 billion over 10 years.

Sophisticated Economics for Complex Regulatory Reform

aul Milgrom and Robert Wilson were selected for the 2020 Nobel prize in economic sciences in part because their work has been used “to design new auction formats for goods and services that are difficult to sell in a traditional way, such as radio frequencies.”

Effect of Deregulation on Labor Markets

James Peoples is a professor of economics at the University of Wisconsin - Milwaukee. He participated in our recent webinar series, Delivering the Goods, that looked at how the Staggers Rail Act and Motor Carrier Act were passed, and what effect they had on the surface freight industry. Professor Peoples’ continues his reflections in this Commentary.

Biometrics and Immigration

The notice of proposed rulemaking (NPRM) from DHS would amend regulations on the use and collection of biometrics by USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE).

The Effects of GDPR on the Digital Economy

We review the existing literature on privacy, particularly GDPR, from a policy perspective. The evidence outlines data regulation's effects on competition, innovation, marketing activities, and cross-border data flows. The discussion highlights the tradeoffs between increased regulation of data protection and its effects on the market.