Regulatory Reform

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Eliminating Barriers to Affordable Housing

August 12, 2019

8/12/19 -- Executive Order 13878 creates a council tasked with reducing regulations to make housing more affordable. The multi-agency council will work with all levels of government, and private sector stakeholders to collect information and propose reforms before its termination date of Jan. 21, 2021.

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Paradise by the DASHBOARD Act?

August 05, 2019

8/5/19 -- The DASHBOARD Act would impose several data-disclosure requirements on large companies that monetize online user data. The Act assumes a market failure of information asymmetry, where consumers undervalue their personal data. However, the evidence for this claim is indeterminate, and a lack of clarity on data property rights and liability could make corresponding rules difficult to enforce.

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A Two-Year Lookback on Trump’s Deregulatory Record

July 15, 2019

7/15/19 -- Susan Dudley and her co-panelists discuss the effect of Trump’s Executive Order 13771, repeated losses for the administration in court, the administration’s view of benefit-cost analysis, and more at an ABA Regulatory Policy Committee meeting.

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Privacy Research: The Need for Evidence in the Design of U.S. Privacy Policy

July 03, 2019

By: Daniel R. Pérez
This regulatory policy insight details the importance of using evidence to inform the development of U.S. privacy policy and identifies the kinds of evidence that would be particularly useful for policymakers to consider.

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Francisco Franco Still Dead, Naked Alcohol Protectionism Still Unconstitutional

July 03, 2019

7/3/19 -- The Supreme Court ruling in Tennessee Wine & Spirits Retailers Association v. Thomas confirms that the U.S. Constitution does not allow states to engage in naked economic protectionism just because the product is alcohol.

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Public Interest Comment: FDA's Proposed Rule on Mammography Standards

June 24, 2019

By: Bridget C.E. Dooling
Early detection of breast cancer can save lives, and mammography is one of the screening tools that has contributed to reductions in breast cancer mortality. The FDA has a unique role in mammography and should be commended for proposing to update its rules, however, the proposed rule’s breast density notification raises issues of state preemption; lessons that can be learned from testing, evaluation, and assessment of prior state action; and analysis of distributional and equity effects.

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IRS Rule on Charitable Deductions: A Worthy Goal, a Skillful Fix, but Surprisingly Thin Evidence

June 17, 2019

6/17/19 - The IRS prohibits individual taxpayers from deducting charitable contributions on their federal taxes if they received a state or local tax credit in exchange for the contribution, but allows them to count such donations as state or local tax payments subject to the $10,000 cap on state and local tax deductions.

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Restoring Internet Freedom as an example of How to Regulate

June 03, 2019

By: Jerry Ellig
Thomas Lambert’s How to Regulate contains some simple but critical pieces of advice for regulators: (1) Diagnose the problem before settling on a solution, (2) Compare the merits (benefits and costs) of alternatives, and (3) Recognize that regulators, like the rest of us, respond to the incentives created by the organization in which they are embedded. The FCC’s Restoring Internet Freedom order presents an example of how to apply those principles in practice. The 2017 order’s decisions on blocking and throttling, paid prioritization, and the general conduct rule are informed by an extensive diagnosis of the problems the regulations are intended to solve and an assessment of the merits of alternative solutions. The decision to reclassify broadband from Title II to Title I takes into account the public choice incentives that could lead regulators to behave in a less-than-optimal way.

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Expanding OIRA Review to IRS

May 28, 2019

By Bridget C. E. Dooling
Executive Order 12866 describes U.S. policy on regulatory planning and review. It directs agencies to identify the nature and significance of the problem they are trying to solve with regulation, to identify alternative solutions, to assess the quantifiable and non-quantifiable costs and benefits of each alternative, and then to choose the option that maximizes net benefits to society, taking into account distributional effects and other considerations. That policy, which has governed U.S. regulation for several decades, is managed by the Office of Information and Regulatory Affairs (OIRA). It is also subject to several exemptions. In April 2018, the U.S. Department of Treasury and the Office of Management and Budget signed a historic memorandum of agreement (MOA) narrowing one of those exemptions. The MOA expands the number of Internal Revenue Service (IRS) regulatory actions for which IRS must comply with EO 12866. This action moved tax rules out of the “presidential tax-policy blind spot” as described by Professor Clint Wallace. This working paper offers a close study of the MOA and reveals six striking features that not only affect tax regulation, but also offer intriguing possibilities for (1) scholarly understanding of OIRA as an institution and (2) the future of regulatory review of independent agencies, which is the largest remaining exemption from OIRA review.

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Is GDPR the Right Model for the U.S.?

April 03, 2019

4/3/19 -- Recent discussions on online privacy regulation refer to the European Union’s General Data Protection Regulation. It is often seen as a good model to follow for protecting personal data in the digital age. We apply a benefit-cost framework to understand its implications on this side of the Atlantic. Given the existing regulations, an evidence-based approach to identify net-benefits might offer a balanced approach to personal data protection.

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The Eagle and the Dragon: Comparing Government Consultation and Public Participation between the US and China

March 27, 2019

This commentary demonstrates an interesting comparison in government consultation and public participation between the US and China. It shows that the US and China appear to have little variation in consultation procedures and participation levels, but major divergence in the level of transparency and the type of stakeholders who participate.

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A Brief History of Regulation and Deregulation

March 12, 2019

By: Susan Dudley
The history of regulatory policy in the United States is rich, but its future remains unclear. Susan Dudley provides four key milestones in the development of the current regulatory policy landscape, and posits that we may be in the midst of a fifth milestone being laid, in this article for The Regulatory Review at the University of Pennsylvania Law School.

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Measuring Costs and Benefits of Privacy Controls: Conceptual Issues and Empirical Estimates

January 30, 2019

By Joseph J. Cordes & Daniel R. Pérez
Co-director Joe Cordes and senior policy analyst Daniel Pérez's article published in The Journal of Law, Economics & Policy draws on the economics of privacy literature to summarize why the costs and benefits of privacy controls should be measured in principle, discusses previous attempts to do so, and generates useful estimates of consumers' valuation of privacy.

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Electric Utility Competition — In South Carolina?

January 28, 2019

1/28/19 - Research professor Jerry Ellig participated in an educational forum hosted by the South Carolina Small Business Chamber of Commerce to discuss his research on electric utility market competition. This commentary provides a summary of Ellig's presentation, and an overview of the reform ideas presented by his co-panelists.

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2018 Year in Review: Top Ten Regulatory Developments

January 14, 2019

By Mark Febrizio and Zhoudan Xie
Just as in 2017, regulatory policy continued to be a focal point of 2018 with key actions ranging from proposed rules to one agency’s establishment of a new economics office to inform regulatory decisions. While not comprehensive, this Regulatory Insight highlights ten important developments related to regulation that occurred in 2018.