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In the New York Times today, Paul Krugman discusses the "fiduciary rule" that the President last week ordered the Department of Labor to "reconsider." Last week Mr. Trump released a memorandum calling on the Department of Labor to reconsider its new “fiduciary rule,” which requires financial advisers to act in their clients’ best interests — […]
This article by Melody Peterson explains that a Trump Administration, with the agreement of Congress, may expand a trend in which the Food and Drug Administration cares less about certain drugs' effectiveness than it used to. Here's an excerpt concerning the views of someone Trump is considering to lead the FDA: One of Trump’s possible selections […]
This blog is focused on consumer policy, but I figured that some of our readers may be interested in having ready access to the key litigation documents in Washington State's case against the president over the travel ban. So, here is the the State of Washington's complaint, the State of Washington's request for a temporary restraining […]
Omri Ben-Shahar and Lior Strahilevitz, both of Chicago, have written Interpreting Contracts via Surveys and Experiments. Here's the abstract: Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. This article proposes to take much of this task out of the hands of lawyers and judges, entrusting […]
Read about it in this article by Jim Puzzanghera and Michael Memoli. An excerpt: At a White House meeting with top corporate chief executives, including Jamie Dimon of J.P. Morgan& Co., Trump said Friday that major reductions in financial regulations were coming. *** After the CEO meeting, Trump signed an executive order directing the Treasury secretary to consult with regulators […]
In In re Target Corp Customer Data Security Breach Litigation, No. 15-3909 (Feb. 1, 2017), the Eighth Circuit reversed a district court's approval of a class-action settlement because of its unreasoned class certification, which the court of appeals said "was the product of summary conclusion rather than rigor." More importantly to my mind, the Eighth Circuit […]
Last week, 17 state attorneys general, two congresspeople, and several consumer-advocacy organizations moved to intervene in PHH v. CFPB, pending in the DC Circuit. The motions each sought to intervene to support (and if the agency stopped defending the case to pursue) the CFPB's petition for rehearing of the court's decision last fall, in which […]
The Wall Street Journal contemplates whether the CFPB is subject to the slew of recent executive orders: A memo issued Jan. 20—Inauguration Day—ordered “executive departments and agencies” to temporarily suspend filing new regulations and delay the implementation of pending rules to give President Donald Trump’s appointees the chance to study them. …. Another executive order […]
Among the flood of Executive Orders over the past 8 days, and the uproar of the refugee ban, one important EO has not gotten much attention. Yesterday, Mr. Trump signed an order requiring agencies to repeal 2 regulations for every 1 they issue. The EO is flawed in many ways, and will be good for […]

