That's the title of this article by Constance Bagley, Joshua Mitts, and Richard Tinsley. The article deals with concerns about last year's Caronia decision, where the Second Circuit ditched the misdemeanor conviction of a drug company prescription drug representative, saying that his promotion of one of the company's products was protected by the First Amendment. […]
Author Archives: Brian Wolfman
by Theresa Amato (guest post) Reporter Jon Hilkevitch’s March 20 front-page Chicago Tribune story (“CTA’s Ventra debit option rife with fees, Contract’s fine print shows good deal for agency, not users”) describes the multiple unexpected charges awaiting customers in the fine print should they sign up for a prepaid debit card account along with their […]
by Brian Wolfman As explained in this article by Brady Dennis, the Department of Justice and the FDA have acquiesced in the D.C. Circuit's ruling striking down the FDA's new graphic cigarette labels on First Amendment grounds and announced that the government will not seek Supreme Court review of the D.C. Circuit's ruling. The Sixth […]
We have blogged recently (here and here) about the role some of the world's largest banks play in facilitating the payday loan industry. The latter article explained that JP Morgan was in the process of re-thinking its practices. Yesterday, JP Morgan announced its new policies, as explained in this article by Jessica Silver-Greenberg. Here's an […]
That's the name of this article by Alex Nowrasteh of the Cato Institute. Here's the abstract: Arizona’s immigration laws have hurt its economy. The 2007 Legal Arizona Workers Act (LAWA) attempts to force unauthorized immigrants out of the workplace with employee regulations and employer sanctions. The 2010 Support Our Law Enforcement and Safe Neighborhoods Act […]
by Brian Wolfman The Supreme Court held this morning in Standard Fire Insurance v. Knowles that a named plaintiff's stipulation that the plaintiff class is seeking less than the Class Action Fairness Act's minumum jurisdictional amount does not preclude a federal district court from assuming jurisdiction under the Act. Justice Breyer's unanimous opinion is just […]
Douglas Ginsburg and Joshua Wright have just written this article on the topic. Here's the abstract: The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of […]
The NLRB issued this brief statement today: The National Labor Relations Board has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Board, in […]
We have posted many times (here, for instance) that, despite contrary political rhetoric about high taxes, taxes in the U.S. are at historic lows. Eduardo Porter has now published this essay explaining that the supposed connection between low taxes and economic growth — a basic premise of conservative U.S. thought for many years now — […]
According to this AP article, the FDA is having trouble finalizing the rules for menu labeling required by the 2010 Affordable Care Act. Here's an excerpt: Diners will have to wait a little longer to find calorie counts on most restaurant chain menus, in supermarkets and on vending machines. Writing a new menu labeling law […]

