Articles by Trace Mitchell
The Catch-22 of Big Tech Antitrust Original
Policy Law Economics The very factors that make tech companies targets are also what make them valuable to consumers. Published December 5, 2024 The push to break up Big Tech companies has become a popular refrain among politicians and pundits on both sides of the Atlantic, and, here in the U.S., both sides of the aisle.
Immunity Doctrines Have Made the US Constitution Useless - It’s Time to End Them
Oklahoma resident Donald Logsdon was fixing his neighbor’s generator in March 2020 when three deputy United States Marshals snuck up behind him, kicked him in the head and took turns stomping on his body while he was unconscious. The excessive force was a clear-cut constitutional violation, but when Logsdon tried to vindicate his rights in court, a federal judge decided he had no business being there. Logsdon’s situation isn’t an anomaly.
Protecting Property Owners and Food Truck Entrepreneurs from Protectionism - Institute for Justice
Food trucks are a safe, efficient, and downright fun way for culinary entrepreneurs to serve their communities. And in recent years, food trucks have exploded in popularity—it seems that everyone loves them. Well, almost everyone. Because if there’s one thing IJ has learned over more than a decade defending the rights of food truck entrepreneurs, it is that one group consistently opposes their entry into the market: owners of brick-and-mortar restaurants.
The Wrath of Khan – InsideSources
In her first few months as chair of the Federal Trade Commission, Lina Khan has already radically reshaped American antitrust enforcement. Given Khan has long been a vocal advocate of progressive antitrust reform, it’s no surprise she’s been shaking things up as head of the United States’ primary antitrust enforcement agency. Unfortunately, even the most sensationalist forecasts could not have predicted just how radical Chair Khan’s actions would quickly become.
Brick by Brick, Lawmakers Threaten To Shatter The Internet
Home | Blogs & Op-Eds | Brick by Brick, Lawmakers Threaten To Shatter The Internet On October 18th, our lawmakers took the next step in their legislative crusade against America’s leading technology businesses—introducing a new bill to reform antitrust law and protect American innovation. Unfortunately, the new proposal will almost certainly do the opposite and actually threatens to ruin our internet experience.
Consumers And Small Businesses Would Be The Ones Punished By New Senate Antitrust Proposal
Home | Blogs & Op-Eds | Consumers And Small Businesses Would Be The Ones Punished By New Senate Antitrust Proposal Thursday, Sen. Amy Klobuchar (D-MN) and four of her colleagues announced their intent to introduce legislation prohibiting a handful of America’s leading technology businesses from choosing how they offer their products and services.
Republicans Are at Odds With Themselves on Social Media Regulation
(Photograph by Artur Widak/NurPhoto/Getty Images.) Some House Republicans are trying to have it both ways in their battle with social media companies. They want America’s leading technology businesses to engage in far less moderation for certain kinds of content, but far more moderation for others. They want these companies to make the “right” decisions in the “right” circumstances every time, but the proposals they offer would almost certainly make the internet a far worse place for all.
Fla. Content Moderation Law Likely Violates 1st Amendment
Law360 (July 2, 2021, 1:42 PM EDT) -- In May, Florida Gov. Ron DeSantis signed into law S.B. 7072 — a first-of-its-kind law that regulates the way digital platforms moderate content. At the bill's signing ceremony, Florida's Lieutenant Gov.
Antitrust Reform Should Focus On Targeted Solutions
Law360 (June 8, 2021, 4:47 PM EDT) -- The push for antitrust reform is the strongest it has been for decades, but not all reform proposals are created equal. Democrats and Republicans may find some shared ground on the need to update America's antitrust laws and enforcement practices. However, that is largely where the agreement begins and ends.
Conservatives Want Common Carriage. They're Not Going to Like It.
Home | Blogs & Op-Eds | Conservatives Want Common Carriage. They’re Not Going to Like It. From calls to break up Big Tech to Florida’s latest anti-tech law, one thing is clear—America’s lawmakers and bureaucrats are looking to regulate the online world. Building on the momentum of the Facebook Oversight Board’s recent ruling on President Trump and Justice Thomas’s concurrence in Biden v.
The Dangers of the Populist Antitrust Movement Original
Driven by the recent rise in hostility toward Big Tech companies, discussions of antitrust have moved from the esoteric pages of academic articles to the speeches of prominent politicians—on both sides of the aisle. While liberals and conservatives have different complaints about the business practices of Facebook, Apple, Google, Amazon, and others, they are trying to use the same tool to address them: aggressive antitrust enforcement. Just this week, Missouri Sen.
Social Media Platforms Aren’t AT&T – InsideSources
It’s no secret conservatives are unhappy with how social media platforms like Facebook and Twitter moderate. Following the Capitol riots and subsequent decisions these businesses made to remove harmful content and high-profile individuals like former President Donald Trump from their platforms, many on the right are saying the large social media companies wield too much power over public discourse.
We Need Antitrust Reform-For the Little Guy
(Photograph by Chandan Khanna/AFP/Getty Images.) Overhauling antitrust is in vogue. Just last month the House Judiciary Committee launched a new series of hearings to flesh out potential changes to America’s current approach to antitrust enforcement. On Thursday, the Senate Judiciary Committee’s Subcommittee on Competition Policy, Antitrust, and Consumer Rights is having a hearing on antitrust reform.
Debunking The Campaign Against American Tech
While American tech businesses are helping us stay sane, connected, and productive during this pandemic, they are also under a deluge of attacks from virtually all sides. From left-wing progressives who were already skeptical of large businesses to right-wing populists with newfound hostility toward “Big Tech,” digital platforms are under scrutiny like never before.
Ditching Section 230 Would Weaken Free Speech
James Czerniawski & Trace Mitchell RealClearPolicy February 1, 2021 The digital fallout from the Capitol riots was considerable. We’ll likely be dealing with their effects for most of 2021. In the wake of the event, Americans of all stripes strongly condemned the events that transpired, loudly speaking out against the violence, intimidation, and property damage that occurred.
Ditching Section 230 Would Make Free Speech Worse for Wear
The digital fallout from the Capitol riots was considerable. We’ll likely be dealing with their effects for most of 2021. In the wake of the event, Americans of all stripes strongly condemned the events that transpired, loudly speaking out against the violence, intimidation, and property damage that occurred.
The Labor Department's independent contractor rule is good - Congress can make it better
Last month the Department of Labor (DOL) proposed a new rule concerning independent contractor status under the Fair Labor Standards Act (FLSA). The clarity it provides would partially solve something that has long troubled employers: that their independent contractors could unexpectedly be turned into highly regulated (and therefore, higher-cost) employees by a court decision. The proposal is a good start, but Congress could do even more to help entrepreneurs create jobs.
California is making hiring more expensive during a recession. That’s crazy Original
California’s Assembly Bill 5 continues to be a lightning rod. Workers and companies are fighting its application, a recent follow-up law granted exemptions for several additional industries, a repeal attempt failed, courts are considering legal challenges, and voters will soon decide whether to partially unravel it. The law, a first-of-its-kind attempt at reclassifying millions of independent contractors as employees, attempts to compel companies to provide freelancers with more benefits.
'Sandbox' Everything
James Czerniawski & Trace Mitchell & Adam Thierer RealClearPolicy October 12, 2020 Amy Roh/The Hastings Tribune via AP For government to work effectively, it must keep pace with changing circumstances. If the COVID-19 pandemic has taught us anything, it’s the importance of having the ability to adapt in the face of rapidly evolving events and public needs. Unfortunately, the crisis has illustrated how inept many government institutions are in this regard.
No New Tech Bureaucracy
Adam Thierer & Trace Mitchell RealClearPolicy September 10, 2020 “Big tech” has become a favorite bogeyman of both the left and the right. From calls for more aggressive antitrust enforcement to proposals to break up increasingly powerful tech players, many Republicans and Democrats seek a move toward European-style tech regulation. But of all the things the United States needs right now, this type of bureaucracy is not on the list.
No New Tech Bureaucracy
“Big tech” has become a favorite bogeyman of both the left and the right. From calls for more aggressive antitrust enforcement to proposals to break up increasingly powerful tech players, many Republicans and Democrats seek a move toward European-style tech regulation. But of all the things the United States needs right now, this type of bureaucracy is not on the list. In some cases, domestic fears over the path of technology have led to pushes for a powerful new federal agency.
COVID-19 has illuminated regulations that hold entrepreneurs back
By Adam Thierer and Trace Mitchell 1:30 AM on Jul 26, 2020 CDT If the COVID-19 crisis has taught us one thing, it is the importance of American dynamism, the idea that individuals, government at all levels, and businesses should have the flexibility necessary to adapt to an increasingly complicated world.
The Crystal Ball of Antitrust Regulators Is Cracked | National Review
Blockbuster store in Broomfield, Colo., in 2011. (Rick Wilking/Reuters) They should remember that the giants of today could soon join the Blockbusters and Polaroids of yesterday. NRPLUS MEMBER ARTICLE O n July 27, CEOs from four of the largest U.S. tech companies — Amazon, Apple, Facebook, and Google — will testify before Congress on competition in the digital marketplace.
Get the 'F' out of the FDA
The COVID-19 pandemic is changing the way Americans think about public health. There’s little doubt that government officials, corporations and citizens need to do a much better job of working together — and some regulatory agencies are clearly getting in the way.
Fight Coronavirus, Unwind the Quarantine with Anonymous Smartphone Data | National Review
(Wolfgang Rattay/Reuters) Smartphone location data will provide useful information at a time when many public-health officials, doctors, and residents feel like we’re flying blind. ‘Social distancing” remains the operative term as we try to slow the spread of this harrowing COVID-19 pandemic. To date, 41 states have issued stay-at-home directives, on top of recommended curfews, discouraged social gatherings, and other forms of self-isolation.
Dallas issues shelter-in-place orders, other jurisdictions need to follow our lead
Serious leadership right now requires hard choices that will be tough on all of us but are necessary to slow the spread of the coronavirus and give our health care workers and hospitals a fighting chance to treat the waves of the sick who are likely headed their way. Dallas County Judge Clay Jenkins made such a hard choice Sunday by issuing shelter-in-place orders for residents, businesses and organizations under his jurisdiction.
Licensing restrictions for health care workers need to be flexible to fight coronavirus
By Trace Mitchell and Adam Thierer 7:00 AM on Mar 23, 2020 The United States is facing an unprecedented modern health crisis with the coronavirus pandemic. Policymakers and the public are scrambling for solutions as cases spike in the U.S. and around the world. We need to employ a vast array of strategies and considerable public and private resources to combat this frightening virus effectively.
Trump Right About Occupational Licensing Reform
Adam Thierer & Trace Mitchell RealClearPolicy February 27, 2020 The Council of Economic Advisers (CEA) recently released its annual report in conjunction with President Trump’s Economic Report. In the joint document, the CEA discussed everything from wages and consumer spending to regulatory reform and economic growth.
Trump's Economic Report Absolutely Right About the Need for Occupational Licensing Reform
By Adam Thierer & Trace Mitchell February 27, 2020 AP Photo/Steven Senne The Council of Economic Advisers (CEA) recently released its annual report in conjunction with President Trump’s Economic Report. In the joint document, the CEA discussed everything from wages and consumer spending to regulatory reform and economic growth.
Nurses unions have a bad idea for better healthcare
Last week, a union representing nearly 8,000 nurses and other medical service providers went on strike in Seattle. Members had many demands, such as higher pay and more authority over staffing decisions. But it appeared their main gripe was with understaffing and too-flexible nurse-to-patient ratios, citing nurse burnout and low patient satisfaction. The voices behind these cries for help are often driven by the best of intentions, but they should probably rethink their demands.
On the Apple/Law Enforcement Controversy: Where is the Same Outrage Over the Third-Party Doctrine?
At a press conference on Monday, U.S. Attorney General William P. Barr called last month’s naval air station shooting in Pensacola, Fla. an act of terror and pleaded for Apple to provide access to two of the gunman’s cellphones.
Both Sides Support Occupational Licensing Reform. Now What?
Roger Nomer/The Joplin Globe via AP By Trace Mitchell October 29, 2019 { Roger Nomer/The Joplin Globe via AP Since the 1950s, the portion of U.S. workers who need to obtain a license before engaging in their line of work has increased by more than 450%. These restrictive licensing regulations have slowed national economic growth and serve as a significant barrier to entrepreneurialism.
Should We Allow Banks to Play Regulator?
From guns to private prisons to the environment, banks are engaging in political activism by withholding services not because of profitability or risk, but in an apparent attempt to impose their policy preferences on the country. Reviewing the banks’ proffered justifications, it is clear they see themselves as acting where Congress should but won’t.
Column: Marijuana banking would benefit almost everyone
The Secure And Fair Enforcement (SAFE) Banking Act, which would grant banks a safe harbor to do business with legitimate firms within the marijuana industry, recently passed a House vote with bipartisan support and is now headed to the Senate. One of marijuana legalization’s biggest remaining questions may soon have an answer, and that’s good for more than just sellers and buyers.
Opinion: 'Marijuana banking' would benefit almost everyone
Brian Knight and Trace Mitchell Thursday Oct 17, 2019 at 12:34 PM The Secure And Fair Enforcement (SAFE) Banking Act, which would grant banks a safe harbor to do business with legitimate firms within the marijuana industry, recently passed a House vote with bipartisan support and is now headed to the Senate. One of marijuana legalization's biggest remaining questions may soon have an answer, and that's good for more than just sellers and buyers.
Opinion: 'Marijuana banking' would benefit almost everyone
Brian Knight and Trace Mitchell Thursday Oct 17, 2019 at 12:34 PM The Secure And Fair Enforcement (SAFE) Banking Act, which would grant banks a safe harbor to do business with legitimate firms within the marijuana industry, recently passed a House vote with bipartisan support and is now headed to the Senate. One of marijuana legalization's biggest remaining questions may soon have an answer, and that's good for more than just sellers and buyers.
The CFPB's new sandbox could help spur innovation in the financial sector
The financial sector may not top the list of highly innovative industries, as it can often be slow moving and overly cautious. While some of this is driven by risk aversion on the part of financial service providers, much of it can be attributed to the restrictive regulatory regime in which they operate. Recently, however, the Consumer Financial Protection Bureau (CFPB) made an effort to address this issue when it released its new Compliance Assistance Sandbox.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Assembly Bill 5 is bad for Uber and Lyft, but it will be worse for workers
On Sept. 18, Gov. Gavin Newsom signed into law a bill that will make it much more difficult for companies to classify the people who work for them as independent contractors. He argued that Assembly Bill 5 was “a necessary and important step to improve the lives of working people”—but the policy will likely cause severe unintended consequences, like decreasing employment opportunities for those people who need them the most.
Occupational licensing reform is not a partisan issue
You won't find President Trump agreeing with Hillary Clinton and Barack Obama on many issues, but the need for occupational licensing reform is one major exception. They, along with many other politicians and academics both Left and Right, have identified how state and local “licenses to work” restrict workers’ opportunities and mobility while driving up prices for consumers.
San Fran's idiotic war on e-cigs
The only beneficiaries of a ban on vaping will be tobacco companies. Share Topics Politics USA On Tuesday, San Francisco became the first city in the US to ban the sale of e-cigarettes within its jurisdiction. According to San Francisco’s Board of Supervisors, the law will ban all e-cigs that have not already received pre-market approval by the Food and Drug Administration.
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