Publications

Parts of Patriot Act Definition of Support for Terrorism Held Unconstitutional

On Dec. 10, 2007, the U.S. Court of Appeals for the Ninth Circuit ruled several provisions of the Patriot Act unconstitutional. The portions of the 2001 law in question criminalized any support for nonviolent activities of groups deemed by the Bush administration to be "terrorist organizations."

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Information Magic Eight-Ball

Over the past year, there has been a great deal of activity on issues related to government transparency and secrecy, but it can remain difficult to figure out exactly what all the discussions, reports and hearings actually mean. To try to get to the bottom of this murky issue, we are breaking out our Magic Eight-Ball of Information Policy to ask a few key questions about the past year — the progress and setbacks, laid out in simple terms. We wish there was a better approach, but unfortunately, 2007 was that kind of year for government transparency, with vague and unclear answers for most questions.

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A Year for Failure: Regulatory Policy News in 2007

In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards.

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Charities and National Security: Growing Awareness of Need for Reform

In 2007, the effects of the ineffective and counterproductive legal regime governing counterterrorism programs and charities demonstrated that the current system, based on a short-term emergency response to the 9/11 attacks, needs to be reassessed and reformed for the long term.

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Despite New Majority in Congress, Fiscal Policy Still Mostly Stuck in Neutral

A new congressional majority in 2007 promised a clean break from past practices of a Congress noted for its corruption, dysfunction and profligacy. It moved on a modest agenda and successfully enacted a few important policies, but overall, it failed to chart a new direction in fiscal policy. This failure was due in large part to the majority underestimating the ability and willingness of a coalition of conservative policymakers and the president to fiercely obstruct even the modest reform policies on the new Congress's agenda.

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The Good, the Bad and the Ugly for Nonprofit Speech Rights

While ethics reform and the U.S. Supreme Court decision in FEC v. Wisconsin Right to Life were among federal developments in 2007 that strengthened citizen voices, threats to donor privacy and vague, inconsistent IRS enforcement of the ban on partisan activities by charities and religious organizations were among events that went from bad to just plain ugly. Here is a roundup: The Good The Supreme Court decision in Wisconsin Right to Life

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Government Vacancies Can Lead to Sketchy Science

Dec 17, 2007 by Matthew Madia

Susan Wood, a professor at George Washington University's school of public health and former FDA whistleblower, wrote an op-ed in today's Boston Globe examining how President Bush has undermined the federal government's role in assuring public health by staffing agencies with inappropriate people — or simply not staffing them at all.

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Agencies' Regulatory Plans Available Online

Dec 12, 2007 by Matthew Madia

On Monday, federal agencies released their semiannual Unified Agenda of regulatory and deregulatory actions. The fall version of the Unified Agenda also includes agencies' annual Regulatory Plan. The Unified Agenda lists all of the rules an agency is in the process of considering. It also lists regulatory actions completed since the last Unified Agenda and potential long-term actions.

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The Flaws of Cost-Benefit Analysis: A Case Example

Dec 5, 2007 by Matthew Madia

Reg•Watch often complains about the flaws of cost-benefit analysis and the overemphasis policy makers place on it as a tool in decision making. However, when discussing cost-benefit analysis in the abstract, it is difficult to show the practical problems associated with its use.

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Watcher: December 5, 2007

Dec 5, 2007 by Matt Lewis

Congress, President Running Out of Time To Achieve Fiscal Priorities In our last issue, The Watcher detailed the status of several federal spending measures that have been delayed most of the fall. In this issue, we take a look at what these delays could mean to millions of American citizens.

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