Author Archives: Brian Wolfman

Tackling obesity through regulation

Lawrence Gostin has written Tackling Obesity and Disease: The Culprit Is Sugar; the Response Is Legal Regulation, which discusses a series of regulatory reforms aimed at reducing sugar consumption. Why? Nearly 40% of the American public is obese, and more than 70% is either obese or overweight. Here is Gostin's abstract: It is staggering to observe […]

The craziness of the 2017 tax cuts

Law prof Michael Graetz has written The 2017 Tax Cuts: How Polarized Politics Produced Precarious Policy. Here's the abstract: In this lecture, Michael Graetz contends that the new tax law is unstable. This is hardly surprising because it was rushed through Congress in record time with only Republican votes and no ability for public comments on […]

Manufacturers’ liability for crashes in automated vehicles

Law profs Kenneth Abraham and Robert Rabin have written Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era. Here is the abstract: The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in […]

Trump-republican tax reform: Banks saved $3.6 billion last quarter

AP reporter Ken Sweet explains that Big Banks Saved $3.6B in Taxes Last Quarter Under New (Tax) Law. An excerpt: The nation's six big Wall Street banks posted record, or near record, profits in the first quarter, and they can thank one person in particular: President Donald Trump. While higher interest rates allowed banks to earn […]

More on congressional effort to kill CFPB’s auto lending guidance

Following up on Jeff's post yesterday, read Nikitra Bailey's piece in the American Banker entitled Scrapping CFPR auto lending rule would only lead to more discrimination. Here's an excerpt: A group of senators is working to make it easier for automobile dealers to discriminate against consumers of color, setting them up to pay unfair additional fees on their loans. […]

Preemption and medical-product liability

Some of the people who read this blog — both lawyers and injured patients — must respond to preemption defenses in their medical-product litigation. You may want to read Catherine Sharkey's Field Preemption: Opening the 'Gates of Escape' from Tort Law. Here is the abstract: Richard Epstein remains a (lone) staunch defender of field preemption of […]

A different view of section 230 of the Communications Decency Act

Law prof Benjamin Zipursky has written The Monsanto Lecture: Online Defamation, Legal Concepts, and the Good Samaritan. Here's the abstract: Federal and state courts around the country – aided by academics on almost all sides – have completely misread the Communications Decency Act [“CDA”] § 230(c). This widely cited provision was designed to protect Internet service […]

Should consumer-protection law protect “consumers” when they are sellers (not just when they are buyers)?

Law prof Jim Hawkins has written Protecting Consumers as Sellers. Here's the abstract (with a few words added at the end by me): When the majority of modern contract and consumer protection laws were written in the 1950s, 60s, and 70s, consumers almost always acted as buyers, and businesses almost always acted as sellers. As a […]

NY Times op-ed by G’town law prof John Brooks about why the Obama-era student-loan reforms are good and shouldn’t be ditched

Read this NY Times op-ed by Georgetown Law's John Brooks entitled Don’t Let the G.O.P. Dismantle Obama’s Student Loan Reforms. Here's an excerpt (but read the whole thing): One of the most important — but least known — achievements of the Obama administration was the expansion of the income-driven repayment program for federal student loans. The program […]

Results of Philly soda tax

We've blogged many times on the idea of taxing sugary drinks to stem the obesity/diabetes epidemic. Go, for instance, here and here. Critics claimed that these so-called soda taxes would do little to improve health while hurting grocers, particularly small grocers, who would get pummeled by consumers cutting back on purchases of sugary drinks. Nonetheless some cities enacted […]