Regulatory Studies Program

The Regulatory Studies Program works to improve the state of knowledge about regulations and their effects on society, market-based alternatives that achieve regulatory goals, and the overall performance of the regulatory process. The program acts as a resource to other scholars and students who share the goal of improving regulatory policy.

Research

Evaluating OSHA's Effectiveness and Suggestions for Reform John Leeth, Nathan Hale \| Apr 23, 2013 Congress passed the Occupational Safety and Health Act of 1970 (OSH Act) to create a safer working environment. The Act created two federal agencies: the Occupational Safety and Health Administration (OSHA), which establishes and enforces workplace safety and health standards, and the National Institute for Occupational Safety and Health (NIOSH), which researches the causes and remedies of occupational injuries and illnesses. OSHA is the fourth pillar of the US safety policy system, the others being the legal system, state workers’ compensation insurance programs, and the labor market.	Evaluating the Centralized-Layers Approach to U.S. Federal Financial Regulation David VanHoose \| Apr 02, 2013 This paper draws on the literature that applies economic analysis of regulation to evaluate Dodd-Frank’s centralized-layers financial regulatory structure, which continues a shift toward greater horizontal consolidation of regulation at the federal level but now also vertically integrates US financial regulation within the FSOC.
The Employment Costs of Regulation Keith Hall \| Mar 19, 2013 Concern over the impact of regulations on jobs and job growth is not new, but the efforts of federal agencies to forecast the likely impact of regulatory changes have never focused effectively on labor market impacts.	The Economic Situation, March 2013 Bruce Yandle \| Mar 01, 2013 There was only one lane open as I made my trip to Atlanta; the other three were blocked with those unhappy yellow and black make-believe barrels used by the highway folks. Traffic flow was constrained by efforts to repair potholes and broken pavement. We in the slow lane had little choice in the matter. Instead of 70, we were slowed to 20 miles per hour. We had to accept our fate, or find another route at the next exit.
Evaluating Risk-Based Capital Regulation Thomas L. Hogan, Neil Meredith, Xuhao Pan \| Jan 29, 2013 The authors evaluate the capital and RBC ratios of US commercial banks from 2001 through 2011 and find the standard capital ratio to be a significantly better predictor of bank performance than the RBC ratio. The results have significant implications for US banking regulation.	A Process for Cleaning Up Federal Regulations Joshua C. Hall, Michael Williams \| Dec 20, 2012 This paper suggests a process to identify, evaluate, and eliminate inefficient regulations. Combining lessons from two successful government reform programs—the Base Realignment and Closure Act in the United States and the Dutch Administrative Burden Reduction Programme—the proposed framework would identify the regulatory costs associated with a historical piece of legislation and create a target for reduction in regulatory costs.

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Testimony & Comments

Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Michael L. Marlow \| May 21, 2013 There is insufficient effort to establish the current state of food safety practices and little to no connection is made between those practices and public health. The FDA has not even presented a careful economic modeling of what an optimal set of rules for food safety practices would look like. Rather, the FDA wants to impose a “shotgun” approach on all covered foods rather than one that focuses on those foods or farms that pose the greatest risks. The FDA has acknowledged that it is required by law, by the Food Safety Modernization Act, to pass these standards. However, it is also required by OMB guidelines to analyze options that are not currently legal so as to inform the President and Congress when there are more efficient ways of solving a particular social problem than Congress had envisioned. The FDA should rethink its proposed regulation since there is little to suggest that it is the most efficient or effective option to improve public health.	Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food Michael L. Marlow \| May 21, 2013 The FDA has failed to conduct a thorough and quantitative analysis. The FDA admits it is unable to quantify health benefits derived from this rule. Instead, the FDA has developed a qualitative assessment that describes how implementing this rule would likely reduce the level of foodborne illness. The FDA estimates the “breakeven illness percentage” for each of three closely related regulatory options that are not developed within a model of optimal food safety. The FDA thus does not conduct an in-depth benefit-cost analysis of this major revision of our nation’s food safety regulations.
Financial Market Utilities Hester Peirce \| May 06, 2013 The proposed rules would implement sections 806(a) and (c) of Dodd-Frank, which allow the Board to authorize Reserve Banks to establish and maintain accounts for, provide certain services to,[1] and pay interest on balances maintained by or on behalf of financial market utilities (FMUs) that are designated by the Financial Stability Oversight Council (FSOC) as systemically important or likely to become systemically important.	National Highway Traffic Safety Administration Federal Motor Vehicle Safety Standards 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.
Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles Antony Dnes \| Aug 20, 2012 NHTSA seeks to establish a new Federal Motor Vehicle Safety Standard (No. 136) that would require electronic stability control (ESC) systems to be fitted as standard on truck tractors and certain passenger buses with a gross vehicle weight rating of greater than 26,000 pounds (vehicles not using air brakes are excluded from the NPRM). ESC systems work by automatically applying computer-controlled braking selectively at separate wheels and inducing lower engine torque output to reduce rollovers and mitigate severe under-steer or over-steer conditions that lead to loss of control in a vehicle.	Perspectives on Retrospective Review and Analysis Randall Lutter \| Jul 12, 2012 More generally, greater data collection, access, and analysis can foster improved understanding of regulations and contribute to reducing regulatory burdens and improving their effectiveness.

More Testimony & Comments

Research Summaries & Toolkits

Regulatory Oversight

Richard Williams, Jerry Ellig | Sep 12, 2011

Congressional oversight committees can use regulatory impact analysis (RIAs) as a starting point for investigating whether a regulation achieved its intended outcomes and at what cost.

Speeches & Presentations

Solving Food Safety Problems Without Antiquated Regulation and Inspection Richard Williams \| Jul 08, 2012 The United States system of ensuring food safety (FS) is more than 100 years old and, until very recently, was the primary system designed to ensure FS. The system assumes that primarily federal regulators have the necessary knowledge to instruct food manufacturers on producing safe food, with both federal and state governments enforcing their respective regulations. While there have been notable successes in the last century — such as mandatory pasteurization for milk and other products, low acid canned food rules, and basic sanitation requirements — much of this progress was achieved in the first half of the 20th century. In the last 30 years, the incidence of foodborne disease has changed very little.	Smart Regulation and Competition Policy in Electric and Telecommunications Markets 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…
The Future of Federal Regulation 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.	Regulation and High Reliability Organizations 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…
Economics as a Guide to Telecom Reform 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.	Are We Safe Yet? Jerry Ellig, Jamie Belcore \| Jul 14, 2008 Jerry Ellig and Jamie Belcore present the process of regulatory analysis at the Department of Homeland Security.

More Speeches & Presentations

Mercatus Regulatory Studies

Charts

The Phenomenon of Midnight Regulations

Sherzod Abdukadirov | Aug 28, 2012

Compared with non-election years, the number of economically significant regulations submitted for OIRA review more than doubles during midnight periods when control of the White House switches to a different party. The surge is rarely accompanied by an increase in OIRA’s budget or staff. Thus, OIRA can be overwhelmed during midnight periods, resulting in rushed, flawed oversight.

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Experts

John Morrall

Affiliated Senior Scholar

John Morrall is an affiliated senior scholar at the Mercatus Center at George Mason University. His primary research interests are regulatory impact analysis, benefit-cost analysis, and regulatory reform and oversight.

Adam Thierer

Senior Research Fellow

Adam Thierer is a senior research fellow at the Mercatus Center at George Mason University with the Technology Policy Program. His primary research interests are technology, media, Internet, and free speech policy issues, with a particular focus on online child safety and digital privacy policy issues.

James Broughel

Program Manager, Regulatory Studies Program

James Broughel is a program manager of the Regulatory Studies Program at the Mercatus Center. Mr. Broughel is a doctorate student in the economics program at George Mason University. He earned his MA in economics from Hunter College of the City University of New York.

Robert Greene

Research Associate

Robert Greene is a research associate for the Regulatory Studies Program at the Mercatus Center at George Mason University.

Todd Zywicki

Mercatus Center Senior Scholar

GMU Foundation Professor of Law, George Mason University School of Law

Senior Fellow at the F. A. Hayek Program for Advanced Study in Philosophy, Politics and Economics

Todd Zywicki is a senior scholar at the Mercatus Center and a George Mason University Foundation Professor of Law at George Mason University School of Law. His primary research interests are consumer credit regulation, bankruptcy, credit cards, and mortgages.

Bruce Yandle

Mercatus Center Distinguished Adjunct Professor of Economics

Dean Emeritus, Clemson College of Business and Behavioral Sciences

Bruce Yandle is a distinguished adjunct professor of economics with the Mercatus Center at George Mason University. His primary research interests are public choice, regulation, and free market environmentalism. He is dean emeritus of the Clemson College of Business and Behavioral Sciences.

Richard Williams

Director of Policy Research

Richard Williams is the director of policy research at the Mercatus Center at George Mason University. His primary research interests are risk analysis, benefit-cost analysis, regulation, food safety and nutrition, and excise taxes.

Eli Dourado

Research Fellow

Eli Dourado is a research fellow at the Mercatus Center at George Mason University with the Technology Policy Program.

Jerry Ellig

Senior Research Fellow

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

Patrick McLaughlin

Senior Research Fellow

Patrick A. McLaughlin is a Senior Research Fellow at the Mercatus Center at George Mason University.

Sherzod Abdukadirov

Research Fellow, Regulatory Studies Program

Sherzod Abdukadirov is a research fellow at the Regulatory Studies Program at the Mercatus Center at George Mason University.

Robert E. Raffety

Associate Director for Policy Research

Adjunct Professor, George Mason University School of Law and Department of International and Public Affairs

Rob Raffety is associate director of the Regulatory Studies Program and the Government Accountability Project at the Mercatus Center at George Mason University.

Jerry Brito

Senior Research Fellow

Adjunct Professor of Law, George Mason University

Jerry Brito is a senior research fellow at the Mercatus Center and directs the Technology Policy Program. His primary research interests are technology and telecommunications policy, government transparency and accountability, and the regulatory process.

Videos

The Future of Regulations: Moving From Presumption to Proof

Matthew Mitchell, Keith Hall, Jerry Ellig, Patrick McLaughlin, Hester Peirce, Scott Jacobs | November 13, 2012

The Future of Regulations: Moving From Presumption to Proof…

Podcasts

Gina Keating on netflix

Jerry Brito | May 21, 2013

Gina Keating, author of Netflixed: The Epic Battle for America’s Eyeballs, discusses the startup of Netflix and their competition with Blockbuster. Keating begins with the history of the company and their innovative improvements to the movie rental experience. She discusses their use of new technology and marketing strategies in DVD rental, which inspired Blockbuster to adapt to the changing market. Keating goes on to describe Netflix’s transition to internet streaming and Blockbuster’s attempts to retain their market share.

Download the MP3

Recent Events

The Future of Regulations: Moving From Presumption to Proof

Jerry Ellig, Ted Gayer, Keith Hall, John Leeth, Patrick McLaughlin, Matthew Mitchell, Hester Peirce, Richard Williams, Scott Jacobs, Scott O'Malia | November 13, 2012

Please join the Mercatus Center at George Mason University for a series of discussions grounded in academic research and practical experience on how and why the current regulatory process falls short of its purpose—and what can be done to improve regulation in the future.

More Recent Events

Books

Freedom in the 50 States, 2013 Edition

William Ruger, Jason Sorens | Mar 28, 2013

Now in its third edition, Freedom in the 50 States presents a completely revised and updated ranking of the American states based on how their policies promote freedom in the fiscal, regulatory, and personal realms.

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Evaluating OSHA's Effectiveness and Suggestions for Reform John Leeth, Nathan Hale \| Apr 23, 2013 Congress passed the Occupational Safety and Health Act of 1970 (OSH Act) to create a safer working environment. The Act created two federal agencies: the Occupational Safety and Health Administration (OSHA), which establishes and enforces workplace safety and health standards, and the National Institute for Occupational Safety and Health (NIOSH), which researches the causes and remedies of occupational injuries and illnesses. OSHA is the fourth pillar of the US safety policy system, the others being the legal system, state workers’ compensation insurance programs, and the labor market.	Evaluating the Centralized-Layers Approach to U.S. Federal Financial Regulation David VanHoose \| Apr 02, 2013 This paper draws on the literature that applies economic analysis of regulation to evaluate Dodd-Frank’s centralized-layers financial regulatory structure, which continues a shift toward greater horizontal consolidation of regulation at the federal level but now also vertically integrates US financial regulation within the FSOC.
The Employment Costs of Regulation Keith Hall \| Mar 19, 2013 Concern over the impact of regulations on jobs and job growth is not new, but the efforts of federal agencies to forecast the likely impact of regulatory changes have never focused effectively on labor market impacts.	The Economic Situation, March 2013 Bruce Yandle \| Mar 01, 2013 There was only one lane open as I made my trip to Atlanta; the other three were blocked with those unhappy yellow and black make-believe barrels used by the highway folks. Traffic flow was constrained by efforts to repair potholes and broken pavement. We in the slow lane had little choice in the matter. Instead of 70, we were slowed to 20 miles per hour. We had to accept our fate, or find another route at the next exit.
Evaluating Risk-Based Capital Regulation Thomas L. Hogan, Neil Meredith, Xuhao Pan \| Jan 29, 2013 The authors evaluate the capital and RBC ratios of US commercial banks from 2001 through 2011 and find the standard capital ratio to be a significantly better predictor of bank performance than the RBC ratio. The results have significant implications for US banking regulation.	A Process for Cleaning Up Federal Regulations Joshua C. Hall, Michael Williams \| Dec 20, 2012 This paper suggests a process to identify, evaluate, and eliminate inefficient regulations. Combining lessons from two successful government reform programs—the Base Realignment and Closure Act in the United States and the Dutch Administrative Burden Reduction Programme—the proposed framework would identify the regulatory costs associated with a historical piece of legislation and create a target for reduction in regulatory costs.

Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Michael L. Marlow \| May 21, 2013 There is insufficient effort to establish the current state of food safety practices and little to no connection is made between those practices and public health. The FDA has not even presented a careful economic modeling of what an optimal set of rules for food safety practices would look like. Rather, the FDA wants to impose a “shotgun” approach on all covered foods rather than one that focuses on those foods or farms that pose the greatest risks. The FDA has acknowledged that it is required by law, by the Food Safety Modernization Act, to pass these standards. However, it is also required by OMB guidelines to analyze options that are not currently legal so as to inform the President and Congress when there are more efficient ways of solving a particular social problem than Congress had envisioned. The FDA should rethink its proposed regulation since there is little to suggest that it is the most efficient or effective option to improve public health.	Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food Michael L. Marlow \| May 21, 2013 The FDA has failed to conduct a thorough and quantitative analysis. The FDA admits it is unable to quantify health benefits derived from this rule. Instead, the FDA has developed a qualitative assessment that describes how implementing this rule would likely reduce the level of foodborne illness. The FDA estimates the “breakeven illness percentage” for each of three closely related regulatory options that are not developed within a model of optimal food safety. The FDA thus does not conduct an in-depth benefit-cost analysis of this major revision of our nation’s food safety regulations.
Financial Market Utilities Hester Peirce \| May 06, 2013 The proposed rules would implement sections 806(a) and (c) of Dodd-Frank, which allow the Board to authorize Reserve Banks to establish and maintain accounts for, provide certain services to,[1] and pay interest on balances maintained by or on behalf of financial market utilities (FMUs) that are designated by the Financial Stability Oversight Council (FSOC) as systemically important or likely to become systemically important.	National Highway Traffic Safety Administration Federal Motor Vehicle Safety Standards 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.
Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles Antony Dnes \| Aug 20, 2012 NHTSA seeks to establish a new Federal Motor Vehicle Safety Standard (No. 136) that would require electronic stability control (ESC) systems to be fitted as standard on truck tractors and certain passenger buses with a gross vehicle weight rating of greater than 26,000 pounds (vehicles not using air brakes are excluded from the NPRM). ESC systems work by automatically applying computer-controlled braking selectively at separate wheels and inducing lower engine torque output to reduce rollovers and mitigate severe under-steer or over-steer conditions that lead to loss of control in a vehicle.	Perspectives on Retrospective Review and Analysis Randall Lutter \| Jul 12, 2012 More generally, greater data collection, access, and analysis can foster improved understanding of regulations and contribute to reducing regulatory burdens and improving their effectiveness.

Solving Food Safety Problems Without Antiquated Regulation and Inspection Richard Williams \| Jul 08, 2012 The United States system of ensuring food safety (FS) is more than 100 years old and, until very recently, was the primary system designed to ensure FS. The system assumes that primarily federal regulators have the necessary knowledge to instruct food manufacturers on producing safe food, with both federal and state governments enforcing their respective regulations. While there have been notable successes in the last century — such as mandatory pasteurization for milk and other products, low acid canned food rules, and basic sanitation requirements — much of this progress was achieved in the first half of the 20th century. In the last 30 years, the incidence of foodborne disease has changed very little.	Smart Regulation and Competition Policy in Electric and Telecommunications Markets 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…
The Future of Federal Regulation 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.	Regulation and High Reliability Organizations 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…
Economics as a Guide to Telecom Reform 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.	Are We Safe Yet? Jerry Ellig, Jamie Belcore \| Jul 14, 2008 Jerry Ellig and Jamie Belcore present the process of regulatory analysis at the Department of Homeland Security.