Ryan Bubb and Richard H. Pildes, both of NYU, have written How Behavioral Economics Trims Its Sails and Why, 127 Harvard Law Review (2014). Here's the abstract: This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective […]
Former Freedom of Information Act litigator and now law prof Margaret Kwoka has been writing articles on the Act. Read Margaret's most recent: Unconstrained Deference, Chenery, and FOIA. Here's the abstract: Litigation fails adequately to check agency secrecy decisions under the Freedom of Information Act (FOIA). To vindicate the public’s right to know what its […]
by Richard Bahrenburg (guest poster) When the day at work seems to drag and the day seems never ending, along comes a meme to cheer you up. A successful meme is a perfect mix of great photographic timing and clever word choice. Although many meme creating websites exist, not many people know that there may […]
by Brian Wolfman Last April, the Supreme Court decided Genesis HealthCare v. Symczyk, which held that an opt-in collective action brought under the Fair Labor Standard Act was moot on the assumption that an unaccepted offer from the defendant to the lead plaintiff of "complete relief" mooted the lead plaintiff's individual claim. (The Court made […]
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by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer — including this post on a recent column by Alison Frankel of Reuters. Today, Frankel has a new story about the case. This time, she writes about the […]
Samantha Friedman of SUNY University at Albany and Angela Reynolds, Susan Scovill, Florence R. Brassier, Ron Campbell, and McKenzie Ballou, all of . Davis and Company, Inc. have written An Estimate of Housing Discrimination Against Same-Sex Couples. Here's the abstract: This is the first large-scale, paired-testing study to assess housing discrimination against same-sex couples in […]
Cara L. Wilking of the Public Health Advocacy Institute and Richard A. Daynard of Northeastern have written Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits, Food and Drug Law Journal, Vol. 68, No. 3, pp. 229 -329, 2013. Here is the abstract: Since 2004, 25 states have passed Commonsense Consumption Acts […]
Check out this thought-provoking article from the Boston Globe about why texting and driving remains such a persistent problem. We all know that texting and driving can be dangerous (and by "all,"the article cites an amazing 94% figure from a federal survey about the number of people who know this is a risky practice). Yet […]
by Brian Wolfman As we've explained in a series of recent posts, in Carrera v. Bayer, the Third Circuit reversed a grant of class certification on the ground that the class wasn't "ascertainable." Among other things, the panel said that the class of purchasers of an over-the-counter weight-loss product had not shown that it would be […]