Antitrust enforcement through regulatory pressure rather than through litigation

Douglas Ginsburg and Joshua Wright have just written this article on the topic. Here's the abstract: The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of […]

Marc Roark Paper on Payment Systems

Marc Lane Roark of Missouri has written Payment Systems, Consumer Tragedy, and Ineffective Remedies, forthcoming in 86 St. John's Law Review (2013).  Here's the abstract: Payment methods like the Starbucks Rewards Card, while imitating liquidity, are challenged by confidence-detracting barriers of too little consumer knowledge and a lack of appropriate remedies. Starbucks operates as a […]

Interesting Column by The Nation’s Rick Perlstein on Fine Print Contracts

Here.  And here's the beginning: Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the […]

Judge Agrees to Vacate Prior Restraint Against Critic of McDonald’s Settlement – For Now

by Paul Alan Levy At Monday's hearing on the our motion to vacate the preliminary injunction against Majed Moughni to shut down his criticism of the proposed settlement of a lawsuit over McDonald’s sale of haram meat that had been advertised as halal, Judge Kathleen Macdonald agreed to both prongs of the relief we had […]

NLRB to appeal “Noel Canning” decision to the Supreme Court without seeking review before the full D.C. Circuit

The NLRB issued this brief statement today: The National Labor Relations Board has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid.  The Board, in […]

More on Taxes and Economic Prosperity

We have posted many times (here, for instance) that, despite contrary political rhetoric about high taxes, taxes in the U.S. are at historic lows. Eduardo Porter has now published this essay explaining that the supposed connection between low taxes and economic growth — a basic premise of conservative U.S. thought for many years now — […]