“Company Doe” case before Fourth Circuit tomorrow; crucial consumer and First Amendment implications

We've blogged before about the "Company Doe" case, in which a company sued to block the inclusion of a product report in the Consumer Product Safety Commission's publicly available, web-accessible database about potentially dangerous products. The district court permitted the company to litigate in secret and under the pseudonym "Company Doe," and a coalition of […]

Jeffrey Joseph Op-Ed: Consumer Protection Bureau Bad for Business

by Jeff Sovern In the Detroit News. Professor Joseph refers to the Consumer Financial Protection Bureau as "purposefully-misnamed," as if members of Congress sat around saying "let's create an agency that will hurt consumers but give it a name that suggests it will protect them." So what does he think is wrong with the Bureau? […]

NSA Compounds Its Assaults on Privacy by Attacking Critical Speech

by Paul Alan Levy Over the years I have blogged several times about corporate abuses of trademark law to use litigation, or the threat of litigation to block criticism.  Because they have so many other tools to deploy against citizens, government agencies usually do not stoop to this level – the City of Memphis aside […]

Same Judges, Two Different Outcomes

Yesterday, consumers, employees, and others who are subject to mandatory arbitration agreements that inhibit their ability to present their claims got a big win and a big loss in the U.S. Court of Appeals for the Ninth Circuit—from the very same panel. The same three judges, Richard Clifton, Richard Tallman, and Consuelo Callahan, in cases argued […]

U.S. consumers often pay more for Internet services than their foreign counterparts — and get an inferior product

That's the finding of this study from the New America Foundation. Here's the Foundation's data summary: Last year, the New America Foundation’s Open Technology Institute published The Cost of Connectivity, a first-of-its-kind study of the cost of consumer broadband services in 22 cities around the world. The results showed that, in comparison to their international […]

What’s going on with the U.S.’s 70,000 metric tons of nuclear waste?

That's how much nuclear waste is hanging around the U.S. — a good bit of it in Illinois — with no feasible solution in sight that would provide long-term (or even middle-term), safe storage. The waste is comprised of spent fuel from nuclear reactors. As this report by Brian Wingfield explains: With no place to […]

Mount Holly and the future of disparate impact: history, deference, and constitutional avoidance

by Deepak Gupta  On April 4, 1968, Dr. Martin Luther King Jr. was assassinated as he stood on the balcony of the Lorraine Motel in Memphis. His killing sparked a fresh round of riots in cities nationwide. Nearly two dozen representatives immediately changed positions and urged passage of the Fair Housing Act. Within a week, with […]

A different view of the Fourth Circuit’s recent decision in class action against Family Dollar

Earlier this month, we noted a significant Fourth Circuit class action decision (Scott v. Family Dollar) permitting the plaintiffs to amend their complaint with allegations that could qualify them for class action treatment within the rules set forth by the Supreme Court in Wal-Mart v. Dukes. Here's a different take: the U.S. Chamber of Commerce […]

Does the Dodd-Frank financial reform legislation hurt community banks and, in turn, consumers?

Over two years ago, we posted a link to an opinion piece by former Senator Christopher Dodd, which responded to common criticisms of the Dodd-Frank financial reform legislation, including the criticism that the law's allegedly excessive regulation will harm small, "community" banks. Now, law professor Tanya Marsh and Joseph Norman have written The Impact of […]

CBO: Raising Medicare eligibility age by two years would save very little

For years now, some people wanting the U.S. to trim "entitlement" costs have, among other things, proposed raising the age at which non-disabled people become eligible for Medicare. The current eligibility age is 65. (Disabled people generally are eligible for Medicare two years after they become eligible for federal disability benefits.) Early last year, the […]