Author Archives: Brian Wolfman

How should the law treat the gig economy?

To quote law prof Orly Lobel, "gig workers" are "people who provide contracted, freelance work on a short-term basis via digital platform technologies." Uber drivers are well-known examples. Lobel goes on: "Gig workers are drivers, delivery-people, personal assistants, handymen, cleaners, cooks, dog-sitters, and babysitters, but increasingly are also more specialized professionals, including nurses, doctors, teachers, […]

What about the merits of PHH Corp. v. CFPB?

There's been a lot of interest in the constitutional ruling in PHH Corporation v. CFPB (D.C. Cir.) — that it's not constitutionally okay for an independent agency to be directed by just one person who may only be removed for cause. But I haven't seen much about the merits of the parties' dispute under the anti-kickback provisions of […]

CFPB dings D.C. Circuit’s decision in PHH Corporation v. CFPB

In a case in federal district court in North Dakota, the Consumer Financial Protection Bureau has filed this brief about the D.C. Circuit's decision in PHH Corporation v. CFPB and said this: In considering a separation-of-powers challenge to the Bureau’s structure, the PHH panel announced a new constitutional rule that agencies must be structured as multimember […]

Read the National Consumer Law Center’s statement on the D.C. Circuit’s decision holding the CFPB’s governing structure unconstitutional

On Tuesday, we posted here and here about the D.C. Circuit's decision in PHH Corporation v. CFPB, which held that the CFPB's governing structure is unconstitutional because its director is too independent of the President — the CFPB is an independent agency run not by a multi-member commission (the members of which serve as checks on one another), but by one […]

D.C. Circuit holds that the Consumer Financial Protection Bureau’s governing structure is unconstitutional

Read the court's very long opinion. The basic problem identified by the D.C. Circuit is that the CFPB is an independent agency run not by a multi-member commission (the members of which serve as checks on one another), but by one director (who may only be removed by the President for cause, see 12 U.S.C. […]

Food testing and proof of injury in class-action food-related litigation

That's the topic of this article by Jeff Lingwall. Here is the abstract: This Article examines the emerging use of “food forensics” to discover injury in class action litigation. Based on increased public interest in what goes inside food, plaintiffs have begun relying on statistical and chemical testing to verify label claims. The test results often spur […]

Does it make sense for Uber to put driverless cars on the road in Pittsburgh (or anywhere else)?

We posted recently about Uber's plans to put driverless cars on the road in Pittsburgh very soon. Auto safety advocates say it's too soon and the public's safety is at risk. Today's Washington Post has this article on the topic by Elizabeth Dwoskin and Brian Fung. Here's an excerpt: Uber’s decision to bring self-driving taxis to the streets of […]

Does taxing sugary drinks improve health?

That's the topic of Taxing Sugar Sweetened Beverages to Lower Childhood Obesity by Sarah Wetter and James Hodge. Here is the abstract: Consumption of sugar-sweetened beverages (SSBs) contributes to multiple health problems including obesity, diabetes, and tooth decay, especially among children. Excise taxation has been proven efficacious in changing purchasing behaviors related to tobacco use with resulting […]

The drop in male workforce participation

As the unemployment rate has dropped considerably to below 5% from double that during the Great Recession, another, seemingly paradoxical, trend has continued: a drop in adult male workforce participation, which was nearly 100% in the 1960s and is below 90% today. Read this NPR story on the topic or listen to it by clicking on the […]