Jerry Ellig

Jerry Ellig is a senior research fellow at the Mercatus Center at George Mason University, where he has worked since 1996. His primary research interests include the federal regulatory process, economic regulation, and telecommunications regulation.

Between August 2001 and August 2003, he served as deputy director and acting director of the Office of Policy Planning at the Federal Trade Commission. Dr. Ellig has also served as a senior economist for the Joint Economic Committee of the U.S. Congress and as an assistant professor of economics at George Mason University.

Dr. Ellig has published numerous articles on government regulation and business management in both scholarly and popular periodicals, including Regulation & Governance, Risk Analysis, Administrative Law Review, The Public Manager, Journal of Politics, Journal of Regulatory Economics, Managerial and Decision Economics, Antitrust Bulletin, the New York University Journal of International Law and Politics, the Wall Street Journal, the New York Times, Barron’s, and the Washington Post. His most recent book, coauthored with Mercatus colleagues Maurice McTigue and Henry Wray, is Government Performance and Results: An Evaluation of GPRA’s First Decade, available from CRC Press.

Dr. Ellig received his PhD and MA in economics from George Mason University and his BA in economics from Xavier University in Cincinnati, OH.

Published Research

Patrick McLaughlin, Jerry Ellig, John Morrall | Aug 12, 2012
This paper compares the quality and use of regulatory analysis accompanying economically significant regulations proposed by US executive branch agencies in 2008, 2009, and 2010. We find that the quality of regulatory analysis is generally low, but varies widely.
Jerry Ellig, Patrick McLaughlin | Dec 01, 2011
Using data from the Mercatus Center’s Regulatory Report Card project and statistics on Office of Information and Regulatory Affairs (OIRA) review time from reginfo.gov, we examine whether the quality and use of regulatory analysis vary consistently with OIRA actions.
Jerry Ellig, Patrick McLaughlin | Nov 01, 2011
This article assesses the quality and apparent use of regulatory analysis for economically significant regulations proposed by federal agencies in 2008.
Houman Shadab, Jerry Ellig | Jul 29, 2009
The Securities and Exchange Commission (SEC) seeks to increase investors' access to foreign markets by negotiating bilateral agreements with foreign regulators pursuant to a policy known as "mutual…

Working Papers

Jerry Ellig, Christopher J. Conover | Jan 09, 2012
This working paper finds that the quality and use of analysis for the ACA interim final rules falls well below that of conventional notice-and-comment rulemaking by other agencies, including HHS. The poor quality of analysis in the examined ACA rules is comparable to the quality of analysis that accompanied a series of interim final homeland security regulations issued by the Bush administration following 9/11. This suggests that institutional—rather than partisan—factors explain why the quality of regulatory analysis declines when agencies implement significant presidential priorities on short deadlines.
Christopher J. Conover, Jerry Ellig | Jan 09, 2012
Federal agencies issued eight major “interim final regulations” in 2010 to quickly implement major provisions of the ACA. This working paper demonstrates that analyses for these regulations were seriously incomplete, often omitting significant benefits, costs, or regulatory alternatives. Analysis of fairness was cursory at best.
Christopher J. Conover, Jerry Ellig | Jan 09, 2012
This working paper demonstrates that the low-quality analysis for the ACA regulations was a predictable result of the way that the administration and Congress chose to manage the regulatory process. Presidential and congressional decisions, in turn, reflected the political incentives both actors faced in 2010. To promote transparency and informed decision-making, additional checks and balances in the regulatory process are needed so politics will not short-circuit analysis.
Jerry Ellig, Alan E. Wiseman | Jan 26, 2011
Several states impede direct-to-consumer wine shipment from out-of-state sellers. We explore the economic effects of barriers to competition by combining new data on winery prices and production with price data employed in previously published research.

Policy Briefs

Jerry Ellig | Aug 28, 2012
The midnight regulation phenomenon is not new or limited to one political party. New research suggests that midnight regulations proposed during the second half of a presidential election year are more likely to have lower-quality regulatory analysis and less likely to use the results of analysis to inform decisions. Thus, these regulations may be particularly costly or ineffective.
Jerry Ellig, James Broughel | Jun 22, 2012
This Mercatus on Policy explores the importance of baselines in assessing the benefits and costs of federal regulations.
James Broughel, Jerry Ellig | Feb 21, 2012
This Mercatus on Policy shows how regulatory process reforms should require agencies to thoroughly analyze alternatives and publish that analysis for public comment before they propose a regulation.
Christopher J. Conover, Jerry Ellig | Jan 09, 2012
This Mercatus on Policy examines how the low quality of both the ACA regulations and the Bush administration’s early homeland security regulations highlight the need for reforms to strengthen the quality of regulatory analysis.

Testimony & Comments

Jerry Ellig | Feb 27, 2013
Even if NHTSA does not develop a more cost-effective alternative, Congress and the public deserve an accurate assessment of the likely benefits and costs of the proposed rule. An accurate assessment of benefits would(1) acknowledge that benefits to blind and vision-impaired individuals are just a fraction of the figure in the preliminary RIA, (2) recognize that there are no benefits to pedalcyclists at the speeds covered by the regulation, and (3) base any benefit estimates for people with normal vision on research that identifies the causes of hybrid vehicle collisions with such individuals.
Jerry Brito, Jerry Ellig | Apr 15, 2011
Jerry Brito and Jerry Ellig submitted a Public Interest Comment on the Connect America Fund.
Jerry Ellig | Mar 29, 2011
Jerry Ellig testified before the House Judiciary Committee on improving pre-proposal regulatory analysis.
Jerry Ellig | Feb 16, 2011
Jerry Ellig testified before the the House Committee on Oversight and Government Reform on regulatory analysis and the economic impact of regulations.

Research Summaries & Toolkits

Speeches & Presentations

Jerry Ellig | Jan 14, 2010
Jerry Ellig participated in panel discussion before Texas policy makers in Austin, Texas at the Texas Public Policy Foundation's Policy Orientation on the future of the Texas Public Utility…
Jerry Ellig | Nov 05, 2009
Jerry Ellig was invited to give a lecture at Pepperdine University about the future of regulations in the federal government.
Jerry Ellig | May 28, 2009
Jerry Ellig presents before the Department of Energy, Office of Health, Safety and Security in the Visiting Speakers Program about regulation in high reliability organizations, such as…
Jerry Ellig | Jan 22, 2009
Jerry Ellig presents at a Heartland Institute conference about Ohio telecommunications policy. Dr. Ellig discusses the role of consumer welfare in telecom policy.

Expert Commentary

Jun 28, 2012

The Regulatory Impact Analyses accompanying the first set of Affordable Care Act regulations issued in 2010 substantially understated costs and overstated benefits of the regulations. Now that we know these mandates are taxes, our government owes us an accurate and transparent accounting of their costs.
Jun 27, 2012

Mercatus research demonstrates that the federal government experiences a surge of “midnight regulations” finalized between Election Day and Inauguration Day.
May 21, 2012

Some consumers and businesses might see a little extra cash this summer as a result of the 2010 health care law. What people don’t realize is that there’s a catch to this “free” money.
May 09, 2012

In a wide variety of areas, from workplace safety to environmental protection to online privacy, proponents of expanded regulation argue that the court system is too old-fashioned and clunky to protect us from hazards. Enlightened regulators, on the other hand, can expertly and rapidly solve pressing problems.

Contact

Jerry Ellig

Books

Jerry Ellig, Maurice P. McTigue, Henry Wray | Sep 08, 2011
Summarizing the lessons learned from 10 years of research that evaluated the performance reports produced by federal agencies, the book assesses how the Government Performance and Results Act (GPRA) has affected the quality of agency performance reporting.

Podcasts

Jerry Ellig | January 02, 2013
Jerry Ellig Discusses the Unified Agenda on Federal News Radio…