Articles

Research Papers & News Reports

RESEARCH PAPERS

Office of the National Ombudsman Releases Annual Report Measures Federal agencies’ responsiveness to regulatory enforcement issues facing small business.

Regulation Induced Innovation: The Role ofthe Central Bank in the Subprime Crisis  When are investors like termites?  When they are trying to avoid government rules.  By Knowlege@Wharton  07/2008

Regulatory Regimes and Accountability, by Peter J. May (Center for American Politics and Public Policy, Department of Political Science, University of Washington, Seattle, WA)

Regulatory Implementation: Examining Barriers from Regulatory Processes by Peter May – The effects of regulatory processes on the availability and affordability of housing for regulations governing such things as building safety, the environment, and land use.

The Impact of Regulation and Litigation on Small Business and Entrpreneurship, Kaufman Rand Center for the Study of Small Business and Regulation 02/2006

Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State, by Clyde Wayne Crews Jr., Competetive Enterprise Institute

The Context of Regulation: Reducing the Incremental Costs, the testimony of Andrew Langer, National Federation of Independent Businesses

Re-examining Regulations: Opportunities Exist to Improve Transparency of Retrospective Reviews – issued by the Government Accountability Office

Federal Times Article – “Inspectors General Safeguard Public Resources”

 NEWS REPORTS

 Scapegoating Regulation        REG Monitor  8/13/2008  Many progressives now believe the age of Milton Friedman may be drawing to a close. Their hope is the current financial crisis has shown the costs and dangers of inadequate market regulation, thereby discrediting the anti- regulation philosophy of Milton Friedman and his Chicago School colleagues.

Newly Released Study Predicts Economic Pain for Oregon if Federal Immigration Regulations Are Implemented  Fox Business 7/9/2008  Federal “No Match” Rule, regulation designed to identify and eliminate undocumented workers in the U.S. workforce, could disrupt the Oregon economy and eliminate jobs within the state’s most critical industries

EPA Boating Permit Is Bureaucratic Nightmare  Washington Times 7/9/2008  Under the proposal, boaters and anglers would be included under new federal Clean Water Act regulations that will take effect Sept. 30. The permit will put individual recreational boat owners under the same penalty structure as large commercial ships. In other words, if you are seen hosing down your boat by the edge of a marina’s waterfront and someone decides the normally safe boat cleaning solution you sprayed on the fiberglass was in violation of the federal Clean Water Act, you could risk a fine as high as $32,500.

Regulators Blowtorch Oil Industry  Fox Business 7/7/2008   Two professors from Hofstra University say that while short-term contract supply problems can whipsaw oil prices, but when it comes to long-term futures contracts that last longer than a year, now get this, “there is empirical evidence of hoarding in the crude oil market: both oil stocks/inventories and futures prices are found to be positively cointegrated/correlated with each other.”

Agency Official Cites Narrow Reading of Clean Water Act – EPA Enforcement Is Faulted  Washington Post 7/8/2008   An official administration guidance document on wetlands policy is undermining enforcement of the Clean Water Act, said a March 4 memo written by the Environmental Protection Agency’s chief enforcement officer.

The Enron Loophole   Seeking Alpha  6/13/2008  Back in December 2000, Congress passed and President Clinton signed into law the “Commodities Futures Modernization Act of 2000. The CFMA attempted to resolve the dispute over jurisdiction between the SEC and the CFTC, two elements of the bill appear to have a direct impact on the markets and the financial services industry, specifically investment banks and hedge funds.

Department of Labor proposes rules to modernize and increase protections under H-2B program WASHINGTON  5/22/08  The U.S. Department of Labor’s Employment and Training Administration (ETA) and Employment Standards Administration (ESA) today jointly proposed rules to modernize the H-2A program for employing foreign workers in temporary or seasonal agricultural jobs.

Fed may get new powers to supervise investment strategies of banks and funds  The Irish Times, provided by LexisNexis 4/30/08  “BANKS, HEDGE funds and other financial institutions could find their investment strategies curtailed by the Federal Reserve to reduce the risk to the economy from asset bubbles…”

Congressional Hearing to Explore Federal Oversight of Insurers  Bloomberg 4/16/08 – Congressional panel hears testimony on a plan endorsed by Treasury Secretary Henry Paulson and Allstate Corp. that would simplify industry regulation and eliminate most oversight by the 50 U.S. states.

Political Pendulum Swings Toward Stricter Regulation                                                        Wall Street Journal  3/24/08  “The idea that less regulation is better for the economy has held sway in Washington since the Reagan administration. Now that consensus is crumbling, posing a potentially costly challenge to business no matter who wins the White House in November.”

The Bankers Panic of 2008 – New Regulation   Huffington Post 3/23/08  “In late 1999, the bulwark bank regulation of 1933, the Glass-Steagall Act – the wall between investment banks and commercial banks – was torn down.  This was a great victory for creative bankers, who had found the wall irksome and restrictive.  However, this teardown reduced the stability of the financial system and opened the way for the Bankers Panic of 2008.

The Small Business Enrepreneurship Council filed comments with the Federal Communications Commission (FCC) on 2/16/08 regarding the agency’s consideration of intervention (regulation) in how broadband traffic is managed on the Internet.  SBE Council urged commissioners to tread carefully in this area, as attempting to regulate or control this highly complex space poses pitfalls for small business consumers, and the efficiency of current network management practices.

Business Leader To Call for ‘Super SBA’Washington Post  01/24/08 – Management Services Chairman and CEO George Cloutier calls for a five-fold increase in the budget for the Small Business Administration and the creation of something akin to a small business Peace Corps.

Money-Services Business Is Expected To Settle With Justice Department                    The Wall Street Journal 01/14/08 The case is likely to further complicate the already strained relationship between money-services businesses and banks. Many commercial banks have curtailed their relationships with companies that wire money, citing increased regulatory and political risks. Since Sept. 11, 2001, the U.S. Justice Department and federal bank regulators have cracked down on numerous financial institutions for lax anti-money laundering controls.

Returning Worker Exemptions In her latest Beltway Small Business Report for Fox Business, 01/11/08 — SBE Council President & CEO Karen Kerrigan writes on steroids and MLB players, R&D tax credits and the returning worker exemption.

Small Businesses Nominate Over 80 Regulations for Review & Reform - Updated – Office of Advocacy, SBA  01/10/08

2008 Brings New FDA Post-Market Requirements That Demand Expert … Forbes 01/09/08 – The FDA Amendments Act of 2007 revises the Federal Food Drug and Cosmetic Act (FDCA) to include new levels of reporting transparency and additional levels of enforcement power to require and enforce post-market safety monitoring — and associated drug-warning and on-air advertisement revisions — that parallels pre-market practices.

Undocumented workers: Changes on the job Napa Valley Register, CA 01/01/08 — While federal regulations have granted employers a reprieve from the “No Match” law aimed at cracking down on false employment identification and undocumented workers, myriad changes will affect employers in 2008.

Federal Preemption Tort Deform, NY - 01/08/08 Under the Supremacy Clause of the United States Constitution, where federal and state law directly and irreconcilably conflict, federal law prevails.

Bill gives small firms more say on regulations bizjournals.com 12/24/07 — The House Small Business Committee unanimously approved legislation that would require federal agencies to give more consideration to how their regulations affect small businesses.

Small Businesses Nominate Over Eighty Regulations For Review And Reform Press Release Office of Advocacy, SBA 12/20/07 — Nominations Made In Response To Advocacy’s r3 Initiative

Sheriff needed for new Fed rules Seattle Times 12/20/07 — Tightened enforcement of lending rules.

Looking for a loophole in reform legislation Los Angeles Times 12/20/07 — Sarbanes-Oxley

Regulations aim at curbing stormwater runoff Press and Sun-Bulletin, NY 12/16/07 — Municipalities will be responsible for enforcing state and federal regulations cracking down on construction sites

Local judge blasts FAA’s ’skewed’ culture Seattle Post Intelligencer 12/14/07 — A former procurement officer for the Federal Aviation Administration was sentenced Friday to community service for violating the law during a contract award in a case the judge said illustrated a skewed culture in the agency.

Cliffs developer, environmental groups to work solve river issue The Greenville News, SC 11/30/2007 — US Fish and Wildlife Service officials believe proposed project could constitute “significant degradation” under provisions of the Clean Water Act

You may file a Complaint or Comment regarding excessive enforcement actions directly to the National Ombudsman by clicking here.