Author Archives: Brian Wolfman

Justice Scalia on Whether the Supreme Court is Politicized

In this short video (also embedded below), Justice Scalia says that he is "enraged" by claims that the Supreme Court is "politicized." None of his colleagues, he says, decide cases based on who the President is. He then goes on to explain why justices appointed by Democratic Presidents often vote one way (the non-originalist, non-textual […]

Adam Levitin with More on Binding Pre-Dispute Mandatory Consumer Arbitration and the Right to Opt Out

Recently, I posted about eBay's new binding pre-dispute mandatory arbitration clause (which includes a class-action ban). The clause provides a time-limited right to opt out. eBay has designed the opt-out to make it seem like the company is giving consumers a real option to resolve their future disputes with eBay in court, while really trying […]

No Evidence of Relationship Between Marginal Tax Rates for Rich People and Economic Growth

That's the conclusion of this new Congressional Research Service study: There is not conclusive evidence … to substantiate a clear relationship between the 65-year steady reduction in the top tax rates and economic growth. Analysis of such data suggests the reduction in the top tax rates have had little association with saving, investment, or productivity […]

New E-Bay Aribtration Agreements with Its Customers Include Class-Action Ban (but with an opt out)

We posted recently about Microsoft's new arbitration clause with its subscribers banning class actions a la AT&T v. Concepcion. Now, Ebay has amended its form contract with its users to do the same thing. But the contract has a twist. Users can opt out: Opt-Out Procedure You can choose to reject this Agreement to Arbitrate […]

It’s Official: New York City Bans Super-Sized Sugary Drinks

We've blogged a number of times (for instance, here and here) on NYC Mayor Michael Bloomberg's proposal to ban the sale of sugary drinks in containers larger than 16 ounces. The idea is behavior modification: One factor in obesity is drinking sugary drinks, and the ban will force some consumers to drink less of them. […]

CFPB Issues Second Semi-Annual Report; Nearly Mum on Enforcement

The Consumer Financial Protection Bureau has issued its 82-page second semi-annual report. It should be an interesting read. This article by Jenna Green notes that the report contains only "four sentences about the Office of Enforcement — even though the category "Supervision, Enforcement, Fair Lending" accounted for a hefty $63 million in agency spending through June […]

McDonald’s to Disclose Calories

First, there were a handful of cities, such as New York, San Francisco, and Philadelphia, that required chain restaurants to disclose the calories in the foods they sell. Some counties followed suit. California joined in. Then, as part of the Affordable Care Act, Congress demanded calorie disclosure nationwide, but the new rules probably won't go […]