Scott Baker of Washington University in Saint Louis and Albert H. Choi of Virginia have written Crowding In: How Formal Sanctions Can Facilitate Informal Sanctions. Here's the abstract: This paper examines the interaction between legal and reputational sanctions in the design of an optimal deterrence regime, particularly in a setting where two parties have a […]
The Wall Street Journal has the story here.
So says consumer law professor Creola Johnson of Ohio State in her new book, Is a Law Degree Still Worth the Price?
by Allen B. Isaacson, guest blogger On Thursday, Geoffrey Stone, University of Chicago’s Edward H. Levi Distinguished Service Professor of Law, summarized the findings of a 300-page report titled Liberty and Security in a Changing World, released on December 12th by a panel of five law and intelligence experts (including Stone) appointed by President Obama […]
by Andrew D. Selbst, guest blogger Yesterday, the D.C. Circuit decided Verizon v. FCC, overturning part of the Federal Communications Commission’s Open Internet Order, and holding that the FCC lacked the authority under its current regulatory scheme to require broadband providers to comply with net neutrality. This decision, while entirely predictable, and probably legally correct, […]
by Jeff Sovern Those who use our casebook may recall the note about R.J. Reynolds advertising that its Winston cigarettes don't have additives. In the new edition, it's at pages 92-93. The casebook reports that Winston's sales increased by 9% as a a result of the ads, and that the FTC brought a case against Reynolds […]
Policy solutions to help consumers whose credit histories were negatively effected by the Great Recession and the foreclosure crisis.
As Gerard Magliocca noted in October, he and I are the only commentators who’ve taken the position that the courts ought to defer to the Senate’s view of its own recess in NLRB v. Noel Canning. Given that, I was pleased that the notion of deferring to the Senate received so much attention at oral argument yesterday. I […]
Definitely read this op-ed in the L.A. Times by Nan Aron, president of the Alliance for Justice. Perfectly encapsulates the myriad problems with forced arbitration, and includes this pithy metaphor: Imagine the Dodgers have just won the pennant and are going to play the Yankees in the World Series. But the rules have changed: All games […]
Says the Supreme Court this morning. No surprise there. Here's the first paragraph of Justice Sotomayor's unanimous opinion: Under the Class Action Fairness Act of 2005 (CAFA or Act), defendants in civil suits may remove “mass actions” from state to federal court. CAFA defines a “mass action” as “any civil action . . . in […]