Posts tagged with: law

government-regulation-in-business-red-tapeWhat is the annual cost of regulations for America?

The short answer is that no one knows for sure. The officially reported regulatory costs as reported by the Office of Management and Budget (OMB) total up to $128.7 billion. But the real costs of regulation is impossible since, as the Nobel-winning economist James Buchanan said, “Cost cannot be measured by someone other than the decision-maker because there is no way that subjective experience can be directly observed.”

Still, we can attempt to estimate the costs based on factors that can be measured. Clyde Wayne Crews Jr. of the Competitive Enterprise Institute provides an example of such an estimate. His findings:
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Blog author: jballor
Friday, December 19, 2014
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noun_6905_ccJames K. A. Smith reviews Cass Sunstein’s Valuing Life over at the Comment magazine site. It’s a worthwhile read for a number of reasons, not least of which is that it should move Sunstein’s latest up in the queue.

It seems self-evident that everyone should favor “good” regulation, but the trick is getting some consensus on what defines “good” vs. “bad” regulation. A “people” or “person” centered regulation is a good starting place, perhaps. Or as Smith puts it nicely: “Regulation is made for people, not people for regulation.” Maybe what we need is a personalist revolution in regulation, to say nothing of governance more broadly. A political economy for the people? Yes!

I would insist on some clarifications, though, and note that regulators are often the ones most inclined to get that formula mixed up. Who, after all, will regulate the regulators? (I think the rapper Juvenile asked something like that.) So one distinction I would insist on is that the rule of law is not reducible to or coterminous with the minutiae of regulation. In fact, the latter can often conflict with, rather than support, the former.
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Blog author: jcarter
Wednesday, November 12, 2014
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The most persecuted and victimized people in the world today are Christians in the Middle East. Middle East expert Raymond Ibrahim lays out the grim details, and wonders why this human rights tragedy of our time is largely ignored by the Western media.

no-shariaOn Tuesday, voters in Alabama passed a ballot measure that, among other things, forbids courts, arbitrators, and administrative agencies from applying or “enforcing a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Such measures (other states have passed similar laws) are often dubbed “anti-Sharia” measures since preventing the encroachment of Sharia is usually their primary objective.

Sharia is the moral code and religious law of Islam that deals with topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual relations, hygiene, diet, and prayer. The two primary sources of Sharia law are the Quran and the example set by the founder of Islam, Muhammad. The introduction of Sharia across the globe is a longstanding goal for Islamist movements.

Opposing Sharia law may appear to be commonsensical measure. But such laws are unnecessary since state law and the Constitution already trump foreign law. They also can’t be written to oppose only Sharia (that would be religious discrimination) so they are written in a broad way that has unintended consequences.

Indeed, there is a compelling reason why Christians should be leery of joining in supporting anti-Sharia legislation: By helping to push the idea that religious beliefs should be kept private, anti-Sharia laws are a threat to all of our religious liberties. As the Catholic legal scholar Robert K. Vischer explained last year in First Things:
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It’s interesting to debate and share idea like freedom of speech, religious liberty or entrepreneurship. Helping folks in the developing world create and sustain businesses if exciting. Watching women who’ve been victimized by human trafficking or their own culture find ways to support themselves and their families is wonderful. But none of this happens without rule of law.

Rule of law is not “sexy.” It doesn’t get the press of a brilliantly successful NGO. There are no great photo ops of folks picketing in front of the Supreme Court with signs touting rule of law. But virtually nothing can happen without it. (more…)

Hobby-Lobby-StoreWhen the Supreme Court ruled on the Hobby Lobby case, the near universal reaction by liberals was that it was a travesty of epic proportion. But as self-professed liberal law professor Brett McDonnell argues, the left should embrace the Hobby Lobby decision since it supports liberal values:

The first question was: Can for-profit corporations invoke religious liberty rights under RFRA? The court answered yes. HBO’s John Oliver nicely expressed the automatic liberal riposte, parodying the idea that corporations are people. It is very funny stuff.

It is not, however, especially thoughtful stuff. The court does not argue that corporations are just like real people. Rather, it argues that people often exercise faith collectively, in organizations. Allowing those organizations to assert religious-liberty rights protects the liberty of the persons acting within them. The obvious example is churches, usually legally organized as nonprofit corporations.

The real issue is not whether corporations of any type can ever claim protection under RFRA — sometimes they can. The issue is whether for-profit corporations can ever have enough of a religious purpose to claim that protection.

To me, as a professor of corporate law, liberal denial of this point sounds very odd. In my world, activists and liberal professors (like me) are constantly asserting that corporations can and should care about more than just shareholder profit. We sing the praises of corporate social responsibility.

Well, Hobby Lobby is a socially responsible corporation, judged by the deep religious beliefs of its owners. The court decisively rejects the notion that the sole purpose of a for-profit corporation is to make money for its shareholders. This fits perfectly with the expansive view of corporate purpose that liberal proponents of social responsibility usually advocate — except, apparently, when talking about this case.

McDonnell is right, of course. Support for religious liberty should transcend partisan political lines. And it used to be an issue that was championed by liberals. The fact that religious liberty is now despised and denigrated reveals a sudden, perhaps irrevocable shift in the nature of progressivism in America.

(Via: Rod Dreher)

FT_14.07.10_destructionReligiousPropertyWenzhou is called “China’s Jerusalem” because of the number of churches that have popped up around the city. And Sanjiang Church was, according to the New York Times, the “pride of this city’s growing Christian population.”

That was before the government brought in bulldozers and razed the church building to the ground.

The government claimed the the church violated zoning regulations, but an internal government document revealed the truth: “The priority is to remove crosses at religious activity sites on both sides of expressways, national highways and provincial highways,” the document says. “Over time and in batches, bring down the crosses from the rooftops to the facade of the buildings.”

Unfortunately, China is not the only country that is inflicting damage on religious property. A new Pew Research Center analysis finds that such incidents are occurring in almost three dozen countries around the world:
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