Author Archives: Brian Wolfman

Federal preemption (or not) and the regulation of driverless cars

Sarah Light has written about the concept of Advisory Nonpreemption, using regulation of driverless cars as an example. Here's the abstract: We are living in an era of dramatic and unpredictable technological and business innovation. Federal agencies have been at the forefront of updating substantive legal rules to meet new challenges not originally contemplated by Congress. […]

Did you know that “relying on race-based data to calculate tort damages is … standard practice”?

That's a quote from the abstract of Valuing Black Lives: A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages by law profs Kim Yuracko and Ronen Avraham. Here's the full abstract: In 2011, a young couple eagerly expecting the birth of their first child moved into an apartment in Brooklyn, New York, excited […]

Trump travel ban may cause large downturn in travel to U.S., in turn harming U.S. tourist industry

This article by Abha Bharrarai reviews anecdotal evidence and data from Internet searches for flights to the U.S. indicating that, as a result of Trump's travel ban, far fewer people want to travel to the U.S. for tourism, conferences, and other temporary visits. The article suggests that this phenomenon could cause great economic harm to segments of […]

Extreme forum concentration in patent cases

It's often claimed that patent law and its enforcement (or not) affects consumer well-being. We know, for instance, that the presence of a patent (or not) often has a significant effect on a drug's price. And drug companies maintain that patent protection promotes innovation, in turn, they say, benefiting consumers. (For more on that topic, […]

“Law School Student Debt the Betsy DeVos Way”

That's the name of this article by Steven Harper (subscription possibly required). Harper begins by telling us that his concerns over [Secretary of Education Betsy] DeVos's willingness to deal effectively with student-loan policy "goes far beyond the embarrassing ignorance on display at DeVos’ confirmation hearing. . . . She knows nothing about basic educational policy, the decades-old Individuals […]