REGULATORY STUDIES



Mail @ the Millennium: Will the Postal Service Go Private?

The Last Monopoly: Privatizing the Post Office for the Information Age


Free the Mail: Ending the Postal Monopoly


Monopoly Mail: Privatizing The U.S. Postal Service


Regulation Magazine: The Cato Review of Business & Government



Wrecking Ball: FDA Regulation of Medical Devices



  Today, there is no greater impediment to American prosperity than the immense body of regulations chronicled in the 69,684-page Federal Register. According to William A. Niskanen, Cato’s chairman and former member of President Reagan’s Council of Economic Advisers, the total cost of federal regulation is on the order of $500 billion a year, a figure that does not include banking regulation and regulation by state and local governments. Thus, the total regulatory burden might be as much as 10 percent of GDP. Furthermore, news reports abound on the problems caused by specific regulations, and in recent years, a monumental body of academic analysis has documented the economic inefficiencies engendered by the regulatory state. Under the direction of Edward Hudgins, Cato’s regulatory studies program sets forth a market-oriented vision of "regulatory rollback" that relies on the incentive forces of private property rights to create competitive markets and to provide consumer information and protection.

Recent Highlights

Book:

The Last Monopoly, edited by the director of Cato’s regulatory studies program, Edward Hudgins. This Cato Institute book contains the papers delivered at Cato’s conference, "Postal Service in the 21st Century: Time to Privatize?," Chapters appear by Gene Del Polito, executive director of the Advertising Mail Marketing Association, Michael Crew, professor of finance economics at Rutgers University, an James Campbell, special counsel for the International Express Carriers Conference.

Regulation Articles by Topic

Agriculture
Alcohol
Antitrust
Banking & Finance
Bankruptcy
Business, General
Consumer Protection
Energy
Environment

Food
Gambling
Health Care
Humor
International Trade
Labor Relations
Legal
Miscellaneous
Environment

Privatization
Property
Regulatory Reform
Space Policy

Technology
Telecommunications
Tobacco
Transportation

Agriculture

The 1995 Farm Bill Follies
Fishing for Markets: Regulation and Ocean Farming
Milked to the Bone
Farming The Oceans: An Update
Agricultural Relief Legislation in 1998: The Bell Tolls for Reform
Agricultural Risk Management or Income Enhancement?
Fencing the Oceans: Rights-based Approach to Privatizing Fisheries (also available in pdf)

Alcohol

Cheers to the Court
Harmonizing Alcohol Ads: A Case for Industry Self-Regulation

Antitrust

Myths of Antitrust Progress
Bingaman's Antitrust Era: The Division's Intensified Enforcement and Intitialization Agenda
Who Do You Trust?
Prosecutorial Discretion: A View from the FTC (also available in pdf)

Banking & Finance

Emerging Issues in Financial Markets
Squeezes, Corpses and the Anti-manipulation Provisions of the CEA
Regulating Derivatives: The Current System and Proposed Chngs.
Leading a Regulatory Agency: Lessons from the CFTC
CRA: Ensuring Credit Advocacy or Enforcing Credit Allocation?
Banking on Free Markets
Financial Services Modernization
Banks, Insurance Companies and Mergers
The SEC's Assault on Electronic Trading
A Tangled Web: IOLTA and the Banks
Runs on Banks and the Lessons of the Great Depression
The Benefits of Branching Deregulation

Bankruptcy

Ballooning Bankruptcies: Issuing Blame for the Explosive Growth (also available in pdf)
Bankruptcy Reform: Principles and Guidelines (also available in pdf)

Business, General

Strangled in the Crib: Jobs and Regulation in California
Regulation and the Urban Marketplace
State Regulatory Measures
Time to End the Economic War between the States
Method to the Merger Madness: Revisiting the 80s Takeover Boom

Consumer Protection

The Food Lion Case: Are Journalists Above the Law?

Energy

The Future of Electricity Provision
A Case against Stranded Cost Recovery and Mandatory Access
Halting Steps toward Electricity Reform
Regulatory Reform in the Electric Power Industry
Stranded Investments, Stranded Intellectuals
Turning Up the Heat in the Natural Gas Industry
Economic Reform and the Effects of Contract Confidentiality
Recovering Stranded Costs Benefits Consumers
Decree Number 888
Electric Utility Reform: Shock Therapy or Managed Competition?
Thirteen Steps to Reconciliation
Electricity Contenders: Coordination and Pricing on an OTN
Stranded in Sacramento: CA Tries Legislating Electrical Competition
ALEC's Charge Down Regulatory Road
Electricity Regulation: Ease by Inaction
Transforming Power: Lessons from British Electricity Restructuring

Environment

Air-conditioning and Refrigeration Costs Heat Up
Sinking or Swiming in Water Policy
Pollution Trading in LA LA Land
Dioxin on Trial
MSHA: Undermining Progress in Occupational Safety and Health
The Rising Impacts of Environmental Mandates on Local Government
Mobile Source Pollution in Mexico and Market-Based Alternatives
Rat Day Afternoon
Salting the Earth:The Case for Repealing Superfund
We Told You So
Health and Smog: No Cause for Alarm
OSHA Targets Bridge Painters
Watching Paint Dry
Abolishing OSHA
Clean Air Reform for Real
Wasted Lights
The Environmental Cancer Epidemic That Never Was
Clearing the Air: EPA's Self-Assessment of Clean Air Policy
Rent Seeking Behind the Green Curtain
Why States, Not EPA, Should Set Environmental Standards
In Response to the Particulate Matter Debate
Sound Standards Require Cost-Benefit Analysis
EPA's Sham Science Reveals Political Agenda
Wetlandowners Swamped by Regulations
EPA's Clean Air Mischief
Inadequate Superfund Reform
Clean Fast Track Not Clinton Fast Track
Prometheus Bound: The Case for Energy Use
Clouds over Kyoto: The Debate over Global Warming
Storm Clouds Brewing on the Environmental Justice Horizon
Environmental Science and Sound Science
Is EPCRA Unconstitutional?
Bean Counting for a Better Planet: Envt'l. Enforcement at the EPA
Pesticide Pole Vaulting
Air Pollution: The Inside Story
OSHA Review Commission's E-Z Trial: Backdoor Authoritarianism?
Geographies of Smog
The EPA Relies on Faulty Market Incentives
Advisory Opinion: The Woburn Controversy: What We Know
The Environmental Transition to Air Quality
Where the Boys Are: Sex Ratios and the Environment
Emissions Trading for Global Warming
Putting the Law Back into Environment Law
Unsafe for Any Species (also available in pdf)
Market Masked Regulation (also available in pdf)
Mispriced Planet (also available in pdf)
Wages, Water and Stagnation: The Real Worth of Prevention (also available in pdf)
Goodbye Pesticides? The Food Quality Protection Act of 1996 (also available in pdf)
EPA: The Enemy is Us (also available in pdf)
The Politics of Public Lands (also available in pdf)

Food

"It's the FDA. We're Here to Burn your Books"

Gambling

Advisory Opinion: GOP Fixing to Nationalize Gambling Issue
Internet Gambling: Impossible to Stop, Wrong to Outlaw

Health Care

Breaking Up the FDA's Medical Information Monopoly
Kessler's FDA: An Autopsy
FDA: Keeping Medication from Cancer Patients
Health Insurance Portability: The Consequences of COBRA
FDA's Taxing Authority Extended to 2003
Whose Life is it Anyway? Protecting Your Medical Privacy
Failed FDA Reform
Murder By Medicare: The Demise of Small Group Medical Practice
Whose Life is it Anyway? Who Decides If Children are Vaccinated?
Getting Beyond the Managed Care Backlash
Free Speech vs. the FDA: Direct-to-Consumer Ads
Treatment Decisions: Tort or Contract?
Kidcare: Socialized Medicine Through Government Schools (also available in pdf)
Medicare Limits Senior Liberty (also available in pdf)

Humor

The Laughs on US: The Big Cheese Controls the Pie
The Laughs on US: Big Brother Tinkers with the Golf Car
The Laughs on US: Close the Gates
The Laughs on US: Those Who Live in Glass Steagalls…
The Laughs on US: Hair Today, Gone Tomorrow
The Laughs on US: Playing Hookie
The Laughs on US: Freeze
The Laughs on US: Avoid Middle-Aged Peaches (also available in pdf)

International Trade

Market Protection against Another Oil Shock
Deregulating the Semiconductor Industry
US-Japan Semiconductor Agreement
Freedom to Trade: WTO's Promising Anniversary
Freedom to Trade: Protectionist Predicts World Breakdown
Freedom to Trade: How Not to Sell Free Trade
Freedom to Trade: East Asia Ready to Remove Training Wheels
Freedom to Trade: Japan-bashing in Redux
Freedom to Trade: Policy in the Dumps
Freedom to Trade: Steel: The Other Side of the Story
Freedom to Trade: Weighing the Alternatives to Free Trade (also available in pdf)

Labor Relations

The Worst California Regulation: Stress as a Worker's Disability
First Steps Toward Labor Law Reform
What Works
Guidelines for Employee Participation Committees
Loopholes in the Secondary Boycott Ban
Sacred Cows and Trojan Horses: The Dunlop Commission Report
Sense and Nonsense on the Minimum Wage
State Court Restrictions on the Employment-at-Will Doctrine
How Fair are the Fair Labor Standards?
More on the Minimum Wage
Handicapping Freedom: The Americans With Disabilities Act
Affirmative Action or Equal Opportunity?
Unemployment Compensation: The Case for a Free-Market Alternative
Blocking Beck: Union Dues and Politics 10 Years Post-Decision
Temps & the Labor Market: Why Unions Fear Staffing Companies
OECD Countries, Higher Unionization = Higher Unemployment

Legal

Property Rights and "Rough Proportionality"
Golden Lawsuits in the Golden State
Don't Federalize Tort Law: A Friendly Response to Sen. Abraham
Fundamental Reform of Tort Law
Creating a Market for Tort Claims
Procedural Tort Reform: Lessons from other Nations
Promises Unfulfilled: Unfunded Mandates Reform Act of 1995
One, Two, Tort: The BMW and Tebbetts Cases
Forfeiting Reason
Proposition 211: A Random Tax on Investors
Advisory Opinion: The Gloves Are Off: States vs. Feds
The Case for Repealing Unauthorized Practice of Law Statutes
Advisory Opinion: Beware: Your Rights Could be Crimes (Part I)
Advisory Opinion: Beware of the "Public Nuisance" Lawsuit
Advisory Opinion: Beware: Your Rights Could be Crimes (Part II) (also available in pdf)
The Class Action Con Game (also available in pdf)
ABA: Arrogance and Sanctimony (also available in pdf)

Miscellaneous

Takings, Mandates, and Markets
Rumblings Over Regulations
Coming Home to Kafka
Policy and Path Dependence: From QWERTY to Windows 95
Building a Better Bureaucrat
Who Guards the Guardians?
Transitional Losses: Criteria for Compensation
The Extortion Approach to Regulation (also available in pdf)

Postal Service

Pushing the Envelope: Guatemala's Private Delivery Services
Belly of the Beast: One Man's Dream, Another's Nightmare
The 1 Cent Nuisance

Privatization

In Memorium
The Failure of Flow Control

Property

Subsidies are Not Property Rights
Modernization of Zoning: A Means to Reform
Belly of the Beast: GSA Monopoly Lards Office Regulations
Advisory Opinion: Tortuous Journey to Justice
Smart Growth, Stupid Policy

Regulatory Reform

Republican Revolution and Regulatory Rollback
Regulatory Roolback: Twelve Targets
Is Regulatory Reform Dead? Should Anyone Care?
Sunrises Without Sunsets: Can Sunset Laws Reduce Regulation?
Regulatory Report Card
Regulating by Numbers
California Dreaming?
Rhetoric vs. Reality: New Jersey Regulatory Reform
Virginia's Deregulatory Challenge: A Promising Start
A Golden Anniversary? The Administrative Procedures Act of 1946
Reviewing the National Performance Review
Clinton's Regulatory Record
Belly of the Beast: Civil Servants Get the Job Done
Regulatory Process Reform: From Ford to Clinton
Regulating the Regulators: Regulatory Reform in the 104th Cong.
Alternative to Regulation: A Study of Reform in New Zealand
Indianapolis's Rd to Reg. Reform: A New Path in Lic. & Permits
The 1993 Results Act: What Are the Results?
Keeping it Simple: Making Regulators Write in Plain Language
Congress and the Clinton OMB: Unwilling Partners in Oversight? (also available in pdf)

Space Policy

"Space Policy and Space Tourism," by Edward L. Hudgins, Testimony before the U.S. House of Representatives, Committee on Science, Subcommittee on Space & Aeronautics, June 26, 2001.

"A Plea for Private Cosmonauts," by Edward L. Hudgins, Cato Daily Commentary, April 5, 2001.

"Mir's Heroic Death," by Edward L. Hudgins, Cato Daily Commentary, March 23, 2001.

Space: The Free-Market Frontier (3/15/01)
A Cato Institute conference featuring former representative Bob Walker; Gregg Maryniak of the X Prize Foundation; Liam Sarsfield of RAND; Robert Poole of the Reason Foundation; Philip Mongan of SPACEHAB; Marc Schlather of ProSpace; and Rick Tumlinson of the Space Frontier Foundation.

Panel topics included: The development of America’s space program and problems with NASA; the legal and regulatory barriers to private space activities; current and potential private space efforts; and policy reforms, privatization options, and a private property rights regime for space.

"National Aeronautics and Space Administration," by Edward L Hudgins, Handbook for Congress, 107th Congress, Chpt. 35. January 2001.

"Celebrating the Lunar Landing," by Edward L. Hudgins, Cato Daily Commentary, July 20, 1999.

"Why Hasn't Space Flight Developed As Rapidly As Aviation?" by Edward L. Hudgins, Cato Daily Commentary, April 21, 1999.

"National Aeronautics and Space Administration," by Edward L. Hudgins, Handbook for Congress, 106th Congress, Chpt. 35. January 1999.

"A Tale of Two Spaceships," by Edward L. Hudgins, Cato Daily Commentary, October 26, 1998.

"Martian Law," by Dr. Edward L. Hudgins (Delivered at the Mars Society conference, Boulder, Colorado, August 15, 1998).

"Thinking About Martian Economics," by Dr. Edward L. Hudgins (Delivered at the Mars Society conference, Boulder, Colorado, August 13, 1998).

"Time to Privatize NASA," by Edward L. Hudgins, Cato Daily Commentary, January 26, 1998.

"Don’t Lavish Funds on NASA," by Michael Gough, Cato Daily Commentary, July 16, 1997.

"NASA and Mission to Planet Earth," by Edward L. Hudgins, Testimony before the U.S. House of Representatives, Committee on Science, Subcommittee on Space and Aeronautics, March 19, 1997.

"National Aeronautics and Space Administration," by Edward Hudgins, Cato Handbook for Congress, 105th Congress, Chapter 37, January 1997.

"Hayek vs. Asimov: Spontaneous Order or Failed Foundation," by Edward Hudgins, White Papers & Miscellaneous Reports, January 1996.

"Recommendations Regarding NASA," by Edward L. Hudgins, Testimony before the U.S. House of Representatives, Committee on Appropriations, Subcommittee on VA, HUD, and Independent Agencies, February 2, 1995.

"An 'Industrial Policy' for Space?" by Alan Pell Crawford, Policy Analysis No.69. April 25, 1986.

Technology

US-Japan Semiconductor Agreement
Prometheus Bound: Technology Mandates Halt Progress
Prometheus Bound: Cloning Bears Identical Reactions
End the Scientific Witch Hunt
Prometheus Bound: The Basics About Basic Research
Prometheus Bound: What the Poor Owe the Rich
The SEC's Assault on Electronic Trading
The Costs of Regulating Microsoft

Telecommunications

Telecompetition Revisited: An Agenda
Should Freeloading be Considered Theft?
The Great Taxpayer Rip-Off of 1995
The Telecommunciations Act of 1996
Access in Telecommunciations: Less Equality, More Entry

Tobacco

The Politicized Science of Tobacco Policy
Secondhand Smoke: Facts and Fantasy
Whose Life is it Anyway? Tobacco Deal Advcs Socialized Medicine
Memo to the Mafia: Smuggle Cigarettes
Lies, Damned Lies and 400,000 Smoking-Related Deaths
Smoking, Insurance and Social Cost (also available in pdf)
From Cash Crop to Cash Cow: How Tobacco Profits State Governments (also available in pdf)
The Ghost of Cigarette Advertising Past (also available in pdf)
Trends in Youth Smoking
Battering Big Tobacco: Nothing to Lose But Our Liberty (also available in pdf)

Transportation

AALA Wrong!
The Unintended Consequences of Regulated Dyeing
Loopholes in the Secondary Boycott Ban
Clearing the Track: The Remaining Transportation Regulations
A Libertarian Inside, Looking Out
The Bay Bridge Blunder
The Cost of Antiterrorist Rhetoric
Railing at Open Access: Proposals in the Rail Industry
NHTSA Air Bag Mandate Misfires
Belly of the Beast: Government Castles
Belly of the Beast: Friends in Low Places
Airline Deregulation: Twenty Years of Success and Counting
Belly of the Beast: Blame the Shermans
Belly of the Beast: Sending Truckers Down a Slippery Slope
Airline Deregulation: The Unfinished Revolution
Commericalizing ATC: A New Opportunity to Solve an Old Problem (also available in pdf)
Belly of the Beast: Bureaucrats Making Monopolies (also available in pdf)
CAFÉ's Recipe for Light Trucks (also available in pdf)




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