May 10 2024 Topics International Law & Trade • Telecommunications & Electronic Media Blog Post New Bulk Data Rules: A Worthy Policy Goal, Executive Overreach, and a Challenging Task Patricia J. Paoletta In February, President Biden announced an Executive Order on Preventing Access to Americans’ Bulk Sensitive...
May 9 2024 Topics Civil Rights • Founding Era & History • Supreme Court Blog Post An Observation About Culley v. Marshall Anthony M. Deardurff This morning, the Supreme Court handed down its decision in Culley v. Marshall. By a vote...
May 8 2024 Topics Federal Courts • Federalism & Separation of Powers • Environmental Law & Property Rights Blog Post A Hopeful End to the Climate Kids Case Paul E. Salamanca And so, the days of Juliana v. United States came to an end. Just over...
May 7 2024 Topics Affirmative Action • Civil Rights • Professional Responsibility & Legal Education Blog Post To Appease Protestors, Universities Promise to Violate Civil Rights Laws GianCarlo Canaparo To date, at least three universities have caved to their anti-Israel mobs. Northwestern, Rutgers, and...
May 6 2024 Topics Administrative Law & Regulation • Federalism • Telecommunications & Electronic Media Blog Post Why the FCC Should Rethink Its Proposed Ban on Bulk Billing Bryan N. Tramont In a surprising move, the Biden Federal Communications Commission (FCC) has proposed a rule that...
May 3 2024 Topics Federal Courts • Federalism • Telecommunications & Electronic Media Blog Post Second Circuit Rejects Preemption Challenge to New York’s Broadband Rate Regulation Seth L. Cooper On April 26, the U.S. Court of Appeals for the Second Circuit issued its decision...
May 1 2024 Topics Corporations, Securities & Antitrust • Federal Courts • Law & Economics Blog Post The FTC’s Weak Case Against Amazon Lawrence J. Spiwak Late last year, the Federal Trade Commission (FTC), joined by seventeen state attorneys general, filed...
Apr 30 2024 Topics Administrative Law & Regulation • Federalism • Labor & Employment Law • Law & Economics Blog Post Noncompetes, Overtime, and the Status Quo: How Agency Rulemaking Distorts Federal Policy and Why Only Courts Can Fix It Alexander Thomas MacDonald Last week was a busy one for the Biden administration. It issued a raft of...
Apr 29 2024 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Federalism • Law & Economics Blog Post When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets? Lawrence J. Spiwak Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
Apr 22 2024 Topics Administrative Law & Regulation • Federalism • Labor & Employment Law Blog Post Whither Expertise? The Decline and Fall of Nonpartisan Policy at the National Labor Relations Board Alexander Thomas MacDonald Last week, the National Labor Relations Board decided Chemtrade West US LLC, a case about...
Topics
New Bulk Data Rules: A Worthy Policy Goal, Executive Overreach, and a Challenging Task
In February, President Biden announced an Executive Order on Preventing Access to Americans’ Bulk Sensitive...
Topics
An Observation About Culley v. Marshall
This morning, the Supreme Court handed down its decision in Culley v. Marshall. By a vote...
Topics
A Hopeful End to the Climate Kids Case
And so, the days of Juliana v. United States came to an end. Just over...
Topics
To Appease Protestors, Universities Promise to Violate Civil Rights Laws
To date, at least three universities have caved to their anti-Israel mobs. Northwestern, Rutgers, and...
Topics
Why the FCC Should Rethink Its Proposed Ban on Bulk Billing
In a surprising move, the Biden Federal Communications Commission (FCC) has proposed a rule that...
Topics
Second Circuit Rejects Preemption Challenge to New York’s Broadband Rate Regulation
On April 26, the U.S. Court of Appeals for the Second Circuit issued its decision...
Topics
The FTC’s Weak Case Against Amazon
Late last year, the Federal Trade Commission (FTC), joined by seventeen state attorneys general, filed...
Topics
Noncompetes, Overtime, and the Status Quo: How Agency Rulemaking Distorts Federal Policy and Why Only Courts Can Fix It
Last week was a busy one for the Biden administration. It issued a raft of...
Topics
When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets?
Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
Topics
Whither Expertise? The Decline and Fall of Nonpartisan Policy at the National Labor Relations Board
Last week, the National Labor Relations Board decided Chemtrade West US LLC, a case about...