Regulatory Studies Program

Regulatory Studies Program

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

Research

W. Kip Viscusi, Ted Gayer | Mar 31, 2015
A new paper for the Mercatus Center at George Mason University examines several examples in which government actors are subject to behavioral and political biases, leading to inefficient policies.
Timothy Sandefur | Mar 24, 2015
In an article to be published in the Harvard Journal of Law & Public Policy in conjunction with the Mercatus Center at George Mason University, legal scholar Timothy Sandefur explores the history, theory, and operation of CPCN laws, also known as “Competitor Veto” laws, focusing on evidence uncovered as part of litigation challenging such laws in Missouri and Kentucky. The article concludes that because these laws are designed to protect incumbent businesses, there must be reforms on the federal level to abolish them. Several possible reforms are considered, along with objections.
Stuart Shapiro, Deanna Moran | Mar 04, 2015
We review four major regulatory reform statutes passed since the legal enshrinement of the regulatory state by the Administrative Procedure Act in 1946. None of the four statutes can be said to have accomplished its substantive goals (which usually involved reducing the burden of regulation).
Jerry Ellig, Sherzod Abdukadirov | Jan 27, 2015
A research team from the Mercatus Center at George Mason University has assessed the quality and use of regulatory analysis accompanying every economically significant, prescriptive regulation proposed by executive branch regulatory agencies between 2008 and 2012.
Jerry Ellig, Jesse Martinez | Jan 20, 2015
Dealers wasted no time petitioning Congress to reverse the planned dealer terminations. The 2010 Consolidated Appropriations Act (H.R. 3288) included a provision, Section 747, which provided the opportunity for “covered dealerships” to reacquire franchises terminated on or before April 29, 2009 through an arbitration process. The provision affected all 2,789 dealerships slated for termination; however, the total count of dealers who decided to file paperwork to enter the process was 1,575. Of the cases that went to hearings, arbitrators allowed the manufacturers to close 111 dealerships and ruled in favor of 55 dealers. The other cases were settled or withdrawn.
Jerry Ellig | Jan 15, 2015
On the eve of its abolition in 1981, the Council on Wage and Price Stability (CWPS) pointed out that regulations were often imposed without a clear understanding of the problem they were supposed to solve, a realistic examination of a range of options for solving the problem, and a benefit-cost analysis of each option.

Testimony & Comments

Patrick McLaughlin | Mar 02, 2015
One reason it has been hard to address regulatory accumulation is the difficulty of identifying nonfunctional rules—rules that are obsolete, unnecessary, duplicative, or otherwise undesirable. An independent group or commission—not regulatory agencies—seems required to successfully identify nonfunctional rules.
Jerry Ellig | Feb 25, 2015
Debates over regulatory process reform often take a distinctly partisan tone. But the fundamental conflict in the debate over regulatory process reform is not Republicans versus Democrats, liberals versus conservatives, or even business versus the public. It’s knowledge versus ignorance. Decision makers should choose knowledge over ignorance.
Robert J. Michaels | Feb 17, 2015
The NOPR’s analysis of dishwashers is superficially detailed and modern in its research methods. In the areas discussed above and numerous others, the research embodied in it appears to be inadequate as a foundation for a rule that will apply to every dishwasher sold in the United States after 2019. Whatever errors and uncertainties are in the document, it is ultimately just an assertion that the DOE is better than consumers at choosing the energy efficiency and other attributes of dishwashers.
Sean Mulholland | Feb 16, 2015
Under the authority of the Clean Water Act (CWA) of 1972, the Environmental Protection Agency (EPA) is proposing new technology requirements for all new and existing dental practices that use dental amalgam, which is the main source of mercury discharges into publicly owned treatment works (POTWs). The proposed rule would require dental offices to use amalgam separators and best management practices (BMPs) for capturing mercury and other metals before they are discharged into POTWs.
Ryan M. Yonk, Ken J. Sim, Josh DeFriez | Oct 31, 2014
The Environmental Protection Agency and Army Corps of Engineers have proposed a rule changing the definition of “waters of the United States” under the Clean Water Act (CWA). Under the status quo, whether or not a water body qualifies as jurisdictional “waters of the United States” is determined case-by-case and based on precedence, science, and case law.
Jerry Ellig | Oct 06, 2014
The federal government’s own tips for submitting effective comments in regulatory proceedings note, “A constructive, information-rich comment that clearly communicates and supports its claims is more likely to have an impact on regulatory decision-making.” This guide explains how to prepare a comment on a proposed regulation, using economic analysis that supports each claim.

Research Summaries & Toolkits

Speeches & Presentations

Jerry Ellig | Mar 20, 2014
Jerry Ellig's presents arguments for improved regulatory impact analysis at the College of Charleston.
James Broughel | Jan 30, 2014
Members of the Science Advisory Board (SAB), thank you for taking the time to hear to my comments this morning. Today’s topic—how to measure the impact of Environmental Protection Agency (EPA) regulations on low-income and minority citizens in the United States—is both timely and important. At the research center where I work, we have begun to explore the consequences of regulations on vulnerable populations. I appreciate the opportunity to share some of our findings and to contribute to this important discussion.
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.
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…

Mercatus Regulatory Studies



Charts

Jerry Ellig, Jesse Martinez | Mar 30, 2015
Auto franchise laws often include three major restrictions: mandatory dealership licensing requirements, onerous terms for terminating dealerships, and the creation of exclusive territories for incumbent dealers. Each rule carries a potential cost for consumers. The coverage of these laws has expanded significantly during the past 30 years.

Experts

Videos

Jerry Ellig, Richard Williams | February 04, 2015
Congress has a diverse array of proposed regulatory reforms vying for attention, from targeted reforms aimed at providing relief to small businesses to broad-based reforms of the rulemaking process. Though the proposals are diverse, they have a clear, shared objective: solving more problems at a lower cost with fewer regulations.

Podcasts

Patrick McLaughlin | March 20, 2015
Like an appendix, many regulations linger long after they’ve served a useful purpose and cause problems for people down the road. Patrick McLaughlin discusses these unnecessary “vestigial regulations” on Illinois Watchdog Radio and outlines a path forward.

Recent Events

Jerry Ellig, Ted Gayer, Keith Hall, John Leeth, Patrick McLaughlin, Matthew Mitchell, Hester Peirce, Richard Williams, | 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.

Books

Jerry Brito, Andrea Castillo | Jan 23, 2014
Como la primera moneda digital descentralizada del mundo, Bitcoin tiene el potencial de revolucionar los sistemas de pago en línea de una manera que beneficia a los consumidores y las empresas. En lugar de utilizar un intermediario, como PayPal, o entregar información de tarjeta de crédito a un tercer partido para su verificación—ya que los dos incluyen cargos de transacción y otras restricciones— Bitcoin permite que los individuos paguen directamente entre sí para bienes o servicios.
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