Category Archives: Uncategorized

White House report calls for occupational licensing reform

It seems sensible to require some licensing for professions closely connected with public health and safety (e.g. doctors, dentists, dental hygienists), or positions that involve public trust (e.g. lawyers), but a new White House report chronicles the costs both to consumers and to workers of our current system, in which approximately 30% of the U.S. […]

Ninth Circuit: no religious exception for state access-to-medicines regulations

Washington State regulations concerning the dispensing of medicine require timely delivery of medications. There's an exception if a provider has a religious objection, but that exception applies only where there's another pharmacist who can provide timely delivery. A pharmacy owner and two pharmacists challenged these regulations under the Equal Protection Clause and Free Exercise Clause […]

Amtrak’s woes mount; infrastructure upgrades and repairs, not so much

A CNBC article this week provocatively titled "Aging Amtrak tunnel is a reminder of crumbling America" chronicles the recent troubles that have plagued passenger train travel in the northeast U.S. and highlights the absence of crucial fixes. For instance: For the fifth time in a week of breakdowns and electrical failures, thousands of passengers were […]

Racial disparities in health care; a pitch for single-payer

As Vijay Das of Public Citizen and physician Adam Gaffney observed in a CNN op-ed this week: [A]cross the nation, black males in 2010 had a life expectancy almost five years lower than white males; black women could expect to live three years fewer than white females. In addition to inequalities in health outcomes (which have […]

CFPB Acts Against Mortgage Payment Company For Deceptive Ads

The Consumer Financial Protection Bureau acted yesterday against Paymap Inc. and LoanCare, LLC for deceiving consumers with advertisements for a mortgage payment program that promised tens of thousands of dollars in interest savings from more frequent mortgage payments. Under the terms of the orders, Paymap will return $33.4 million in fees to consumers and pay […]

Affirming class certification, Seventh Circuit refuses to expand “ascertainability”

We've covered numerous times the rise of a heightened "ascertainability" requirement in the Third Circuit. (See, for instance, here, for a summary and a recent development. Brief summary: ascertainability is the court-developed notion that a class must show an administratively feasible means of identifying class members; the test is particularly strict and plaintiff-unfriendly in the Third […]

Should Ninth Circuit Abolish the Doctrine of Initial Interest Confusion?

by Paul Alan Levy     A couple of weeks ago, I blogged about a Ninth Circuit decision, Multi Time Machine v. Amazon.com, that undid a great deal of progress made in that court undoing the adverse effects of that Court's decision in Brookfield Communications v. West Coast Video; last week, I noted that Amazon had sought […]