Category Archives: Uncategorized

Has the Ninth Circuit “Sub Silentio Overrule[d Its Own] ‘Initial Interest Confusion’ Doctrine”?

by Paul Alan Levy Earlier this year, I discussed a troubling decision from the United States Court of Appeals for the Ninth Circuit that reinstated a complaint by Multi-Time Machine, a maker of fancy watches, based on the way in which Amazon’s internal search engine returned results when users entered the search string “mtm special […]

Obamacare Is Beating Its Goal of Reducing the Uninsured Rate

That's the name of this article by Kevin Drum.  Here's an excerpt: In 2010, just after Obamacare passed, CBO estimated that the uninsured rate would hit 8 percent by 2016. This was based on the original law, but in 2012 the Supreme Court made Medicaid expansion voluntary and most red states opted out. In July CBO updated its projections to […]

Is Amazon’s Recent Suit Against Anonymous Reviewers Barred by Its Own Arbitration Clause?

by Paul Alan Levy Yesterday I discussed a lawsuit filed by Amazon seeking relief against over a thousand anonymous individuals who offered to sell their services posting phony positive reviews about products available for sale on Amazon.  The theory of Amazon's complaint is that the users are all registered Amazon users and hence forbidden from […]

Did copyright law hinder detection of VW’s emissions scheme?

As regulators and policymakers consider how to respond to VW's emissions scandal — in which the company programmed its vehicles to emit less during tests than under normal conditions (for our prior discussions, see here, here, and here) — one angle they might consider for future reform is copyright. Sen. Ron Wyden opined last week […]

To tip or not to tip? (Or more accurately but less punchily: to have a tipping system or not?)

In wake of last week's announcement by New York restaurateur Danny Meyer that he would be eliminating tipping at his restaurants (and instead building a service charge into the menu prices), dueling op-eds in the Times and Post over the past week debate the merits of tipping as a custom and means of paying workers. In the Times, Saru […]

Amazon Damns a Thousand Anonymous Reviewers for Paid Praise

by Paul Alan Levy The problem of false reviews bedevils web sites that invite customer reviews as a basis for other consumers to judge goods and services available to them on the market.  Disgruntled merchants can be counted on bring defamation claims against false negative reviewers, but few merchants feel they have any incentive to […]

It’s Getting Harder To Move Beyond A Minimum-Wage Job

… reports fivethirtyeight.com. For instance: During the strong labor market of the mid-1990s, only 1 in 5 minimum-wage workers was still earning minimum wage a year later. Today, that number is nearly 1 in 3, according to my analysis of government survey data. There has been a similar rise in the number of people staying […]

Why do for-profit colleges accused of fraud still receive federal funds?

…is the question raised by a New York Times expose this week.  The Times reports that the U.S. Department of Education, despite a crackdown against what it calls “bad actors,” continues to hand over tens of millions of dollars every month to other for-profit schools that have been accused of predatory behavior, substandard practices or illegal […]