Regulation

Regulation

Research

Jerry Ellig, Christopher J. Conover | Nov 18, 2014
Elected leaders delegate rulemaking to federal agencies, then seek to influence rulemaking through top-down directives and statutory deadlines. This paper documents an unintended consequence of these control strategies: they reduce regulatory agencies’ ability and incentive to conduct high-quality economic analysis to inform their decisions.
Omar Ahmad Al-Ubaydli, Patrick McLaughlin | Nov 12, 2014
RegData is a new database that quantifies federal regulation. It analyzes the text of federal regulations to create novel and objective measures of the accumulation of regulations in the economy overall and across different industries in the United States. In addition, RegData measures the degree to which different groups of regulations, such as those from a particular agency, target specific industries.
Michael Lewyn, Kristoffer "Kip" Jackson | Oct 21, 2014
This paper addresses the following question: how frequently do cities use government regulation of land use to coerce environmentally friendly development? In particular, the paper focuses on minimum density requirements, maximum parking requirements, and laws requiring “green” building (usually buildings that include a variety of energy-conserving features). The article concludes that the first type of regulation is rare, while the latter two are somewhat more frequent.
Michael L. Marlow | Oct 01, 2014
The U.S. Food and Drug Administration has recently proposed expanding its regulatory authority over tobacco products to include the regulation of cigars, pipe tobacco, hookah tobacco, electronic cigarettes (e-cigarettes), and other novel tobacco products such as dissolvable products and gels. Cigars are the most commonly used among this group, though e-cigarette use is rapidly expanding.
Patrick McLaughlin | Sep 30, 2014
RegData 2.0 offers three simple and replicable measures of regulation, each created with custom-made text analysis software run on the annual Code of Federal Regulations. This sector brief presents these statistics for five different federal regulatory agencies that are relevant to the railroad industry: Federal Motor Carriers Safety Administration, Federal Railroad Administration, Mine Safety and Health Administration, Occupational Safety and Health Administration, and Pipelines and Hazardous Material Safety Administration.
Michael L. Marlow | Sep 03, 2014
Discussion of how nudging by governments differs from nudging by markets leads to the conclusion that market nudging is the more promising avenue of the two for helping citizens lose weight.

Testimony & Comments

Ryan M. Yonk, Ken J. Sim | 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.
Feler Bose | Oct 01, 2014
The proposed rule is promulgated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) and recommends new requirements for trains transporting a large volume of Class 3 flammable liquids (mostly ethanol and Bakken crude).
James Broughel | Sep 02, 2014
This year’s report makes several important improvements over reports from previous years. However, there are still a number of ways in which this report can be made more useful if it is to be a meaningful representation to Congress and the American public of the effects of the regulatory system in the United States.
Antony Davies | Jul 28, 2014
There are two important unintended consequences of raising the federal contractor minimum wage: first, it can adversely affect the most vulnerable workers; and second, the rule as currently stated could be enforced in a manner so that its impact would extend to far more businesses than originally intended.
Michael L. Marlow | Jun 27, 2014
This public interest comment estimates the range of annual benefits (costs avoided) associated with e-cigarette use as $15.6 billion to $49.2 billion and that 2.4 million to 6.4 million smokers may potentially become ex-smokers by using e-cigarettes. Estimates are based on a range of quit rates from the current literature and assume all smokers interested in quitting use e-cigarettes. Even a fraction of estimated benefits (costs saved) are substantial. These estimates indicate the FDA is jeopardizing public health by not estimating benefits associated with e-cigarettes using data from readily available studies on their efficacy as harm-reduction tools.

Research Summaries & Toolkits

Patrick McLaughlin, Robert Greene | May 08, 2014
Federal regulators often have good intentions when proposing new rules, such as increasing worker safety or protecting the environment. However, policymakers typically view each regulation on its own, paying little attention to the rapid buildup of rules—many of them outdated and ineffective—and how that regulatory accumulation hurts economic growth.
| Sep 24, 2013
The Mercatus State Policy Guide is intended to summarize and condense the best research available on the most relevant topics. It’s a starting point for discussion, not a comprehensive overview of economic policy. Each statement is supported by academic research, with links provided in the endnotes. Mercatus scholars are available to further explain the results of their studies. We hope the guide will prove to be a valuable tool in your economic policy research.
Christopher Koopman, Nita Ghei | Aug 27, 2013
In the mid-1970s behavioral economics began to challenge the neoclassical rational actor model by fusing the insights of psychology and economics. Over the course of the next 40 years, a prescriptive framework built around these insights shifted focus toward attempting to mitigate the harm individuals cause themselves as a result of what the agencies view as “irrational” behavior.
| Jul 23, 2013
The Mercatus Policy Guide is intended to summarize and condense the best research available on the most pressing topics. It serves as a starting point for discussion, not a comprehensive overview of economic policy. Anyone who wants to go deeper into these studies should consult the references listed at the back. Mercatus scholars are available to further explain the results of their studies. We hope the guide will prove to be a valuable tool in your evaluation of economic policy.
Mark Adams | Mar 04, 2013
The president’s recent proposal to increase the minimum wage to $9.00 is not the way to help low-income households. Raising the minimum wage is more likely to increase unemployment for some of the least skilled American workers and further impede a historically slow recovery. Research from the Mercatus Center shows that regulatory reform would help low-income families without causing more unemployment or slowing the recovery.
Joshua C. Hall, Michael Williams | Feb 05, 2013
The concern that American businesses are overly burdened by regulations has legitimate grounds. In 2011, American companies had to comply with over 1 million federal regulatory restrictions, compared with about 860,000 a decade earlier.[1] However, to truly address concerns about overregulation, policy makers cannot focus exclusively on the growth of new regulations. Attention must also be paid to the lack of an efficient and effective regulatory review process for preexisting rules.

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.
Keith Hall | Jun 14, 2013
Regulation can play an important role in a market economy where there are significant market externalities, incomplete markets, information asymmetries, or public goods. Ideally, regulation identifies and focuses on correcting these market failures with minimal economic cost.
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.

Mercatus Regulatory Studies



Charts

Simply counting executive orders, pages, or words can produce misleading statistics. In legal language, at least, the frequency with which restrictions occur can serve as a proxy for measuring the overall restrictiveness of text. Content matters.

Experts

Richard Williams is the vice president for policy research at the Mercatus Center at George Mason University. He is an expert in benefit-cost analysis and risk analysis, particularly associated with food safety and nutrition.
Patrick A. McLaughlin is a Senior Research Fellow at the Mercatus Center at George Mason University.
Sherzod Abdukadirov is a research fellow in the Regulatory Studies Program at the Mercatus Center at George Mason University. He specializes in the federal regulatory process, institutional reforms, food and health, and social complexity.
Jerry Ellig is a senior research fellow at the Mercatus Center at George Mason University and a former assistant professor of economics at George Mason University. He specializes in the federal regulatory process, economic regulation, and telecommunications regulation.
James Broughel is a program manager of the Regulatory Studies Program at the Mercatus Center. Mr. Broughel is a doctoral 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.

Podcasts

Patrick McLaughlin, Michael Leland | August 12, 2014
In this episode, Patrick McLaughlin joins Mike Leland to discuss his new project, RegData, and how it can help measure the impact of regulations, like occupational licensing and those Uber and Lyft are confronting, in states.

Recent Events

The Mercatus Center at George Mason University invites you to a Regulation University program that introduces an enhanced research tool for quantifying federal regulation.

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.

Media Clippings

Antony Davies | May 07, 2014
Antony Davies quoted at The Hill.
Eli Dourado | Feb 04, 2014
Eli Dourado cited at The Washington Post.
Matthew Mitchell | Oct 22, 2013
Matt Mitchell discusses "Uber Wars" on Reason TV.
Jerry Brito | Oct 03, 2013
Jerry Brito cited at The Wall Street Journal.
Jerry Brito | Oct 03, 2013
Jerry Brito cited at Los Angeles Times.
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