Category Archives: Uncategorized

New Consumer Reports Study on Arsenic in Foods Containing Rice

Arsenic is a potential human carcinogen. Federal regulation limits arsenic in drinking water to 10 parts per billion. (The strictest state-law limit is in New Jersey, where the limit is 5 ppb.) An in-depth study by Consumers Union has found surprisingly high levels of arsenic in foods containing rice. Arsenic gets into food in various […]

Justice Scalia on Whether the Supreme Court is Politicized

In this short video (also embedded below), Justice Scalia says that he is "enraged" by claims that the Supreme Court is "politicized." None of his colleagues, he says, decide cases based on who the President is. He then goes on to explain why justices appointed by Democratic Presidents often vote one way (the non-originalist, non-textual […]

Adam Levitin with More on Binding Pre-Dispute Mandatory Consumer Arbitration and the Right to Opt Out

Recently, I posted about eBay's new binding pre-dispute mandatory arbitration clause (which includes a class-action ban). The clause provides a time-limited right to opt out. eBay has designed the opt-out to make it seem like the company is giving consumers a real option to resolve their future disputes with eBay in court, while really trying […]

No Evidence of Relationship Between Marginal Tax Rates for Rich People and Economic Growth

That's the conclusion of this new Congressional Research Service study: There is not conclusive evidence … to substantiate a clear relationship between the 65-year steady reduction in the top tax rates and economic growth. Analysis of such data suggests the reduction in the top tax rates have had little association with saving, investment, or productivity […]

New E-Bay Aribtration Agreements with Its Customers Include Class-Action Ban (but with an opt out)

We posted recently about Microsoft's new arbitration clause with its subscribers banning class actions a la AT&T v. Concepcion. Now, Ebay has amended its form contract with its users to do the same thing. But the contract has a twist. Users can opt out: Opt-Out Procedure You can choose to reject this Agreement to Arbitrate […]

Voluntary Blocking of “Offensive Material” by Facebook and Google

by Paul Alan Levy Two voluntary takedowns of user-generated have been in the news lately, spurring some reflections, on the one hand, about the dangers of becoming overly dependent on certain platforms for free expression, and about how online service providers exercise their discretion under section 230 to remove material even though the providers cannot […]

It’s Official: New York City Bans Super-Sized Sugary Drinks

We've blogged a number of times (for instance, here and here) on NYC Mayor Michael Bloomberg's proposal to ban the sale of sugary drinks in containers larger than 16 ounces. The idea is behavior modification: One factor in obesity is drinking sugary drinks, and the ban will force some consumers to drink less of them. […]