Type: Public Comment

Amicus Brief for Expressions Hair Design, et al., Petitioners, v. Eric T. Schneiderman, in his official capacity as Attorney General of the State of New York

November 21, 2016
by Robert Henneke

New York and nine other states purport to ban surcharges that pass through the costs imposed by credit-card companies and banks for credit-card transactions—costs known as “swipe fees.” But each of these states simultaneously permits cash discounts from baseline prices that already incorporate credit costs. From an economic standpoint, what …

The Federal Land Freedom Act: Empowering States to Regulate Energy Will Yield Better Economic and Environmental Results

November 21, 2016
by Nicolas Loris

The United States remains the leading producer in petroleum and natural gas hydrocarbons, which has produced astounding economic benefits and put money back into the wallets of American families. Federal energy policy actively hindered this energy renaissance as it was taking place. Centuries’ worth of oil, natural gas, and coal …

Comment on the Proposed Rule Regarding Receiverships for Uninsured National Banks

November 14, 2016
by Brian Knight and J. W. Verret

The Office of the Comptroller of the Currency (OCC), which has the power to act as receiver for nondepositories, is wisely considering what form its role as a receiver might take. The OCC has asked, among other things, whether using the National Bank Act receivership framework for innovative “fintech” companies …

Rethinking TNC Regulations: Enshrining the Past Forestalls the Future

November 11, 2016
by Michael Farren

Transportation network company’s (TNC) like Uber and Lyft are barely five years old, yet they have already caused a transportation revolution by putting “dead capital”—or previously underutilized resources—to productive use. They have achieved this by reducing transaction costs between consumers and service providers, which previously inhibited trade from taking place. …

Who Should Decide What is Best for Your Child?

November 10, 2016
by Kent Grusendorf

Nothing is more important to the future of society than the education of our youth. To paraphrase Aristotle: The fate of empires is dependent on the education of their youth. While Texas is a leader on many fronts, it is sadly behind on education reform. The Texas Supreme Court called …

FDIC Guidance for Third-Party Lending

October 20, 2016
by Brian Knight

The ability of banks to partner with third parties to expand their credit operations has significant benefits for borrowers, including those who are uninterested in or not well served by traditional banking services. The Federal Deposit Insurance Corporation’s (FDIC) interest in ensuring the safety and soundness of banks that participate …

EpiPen Price Increases: How Regulatory Barriers Inhibit Pharmaceutical Competition

October 7, 2016
by Scott Gottlieb

It’s often argued that drugs are one of the last vestiges of market-based pricing in our highly regulated health care industry. By contrast, regulators in Washington set most prices for clinical services. It’s true that drug makers have more pricing discretion than other sectors in health care, whether it’s in …

Improving Debt Transparency in Bond Elections: Presented before the House Committee on Elections on Interim Charge #3

September 22, 2016
by James Quintero

Policymakers should be concerned about the size and growth of local government debt in Texas. This was the crux of James Quintero from the Texas Public Policy Foundation’s testimony before the house Committee on Elections where he spoke on Interim Charge # 3. Charge #3 is to: evaluate options to …

Comments of the Free State Foundation: Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming

September 21, 2016
by Randolph J. May and Seth L. Cooper

With these innovative and competitive developments in the video services market, it does not reflect well on the Commission that analog-era regulations, based on early-1990’s perceptions about cable “bottlenecks,” remain in force. The analytical underpinnings of those regulations have been swept away by dynamic market place changes. Unnecessary, backward-looking regulation …

Reply Comments of the Free State Foundation – Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion

September 19, 2016
by Randolph J. May and Seth L. Cooper

In the face of overwhelming evidence of rapid broadband deployment, the Commission’s 2016 Broadband Progress Report followed a now-predictable but nevertheless unfortunate pattern. The 2016 Report made unjustified negative deployment findings in order to bolster the claimed case for imposing new regulations on competitive broadband services. It relied on idiosyncratic …