An Abuse-of-Crisis Prevention Act to reaffirm boundaries of politicians and the legislation they can pass has become necessary to the survival of limited government, given the routine “flash policy” responses to crises - including the 2008 financial crash and the COVID-19 pandemic. Excessive...

Proposed changes to the conduct of Administrative State like those embodied in the changes proposed by the Office of Management and Budget to "Circular A-4" guidance on Regulatory Review accentuate a conflict of visions over the size and scope of government and its role in society; over...

The last step cannot be first; Congress, to the extent its substantial inquiry, oversight and appropriations authorities allow, should not permit a White House Office of Management and Budget "Circular A-4" rewrite of Regulatory Impact Analysis guidance to proceed without forcing OMB and OIRA to...

Most of America’s wealth has not been created yet. But to fulfill the nation's potential, recognizing the limitations of today's dominant politically driven research and development approach compared to what capital markets and economic liberalization can achieve is vital. Most politicians...

The bipartisan 1996 Congressional Review Act requires agencies to submit rules and guidance documents to both houses of Congress and to the Government Accountability Office, to provide Congress opportunity to disapprove them before they become effective. Addional provisions apply to major...

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

State preemption laws strictly limit local governments from regulating beyond their borders. Local governments, however, face a broad spectrum of challenges which cannot be confined to municipal borders. These challenges freely flow in and out of many local jurisdictions at the same time. The...

The literature shows that when a society believes that wealth is determined by random “luck” rather than by merit, it demands more redistribution. Adverse shocks, like earthquakes, strengthen the belief that random “bad luck” can frustrate the outcomes achieved with merit. We...