Just Because an Altruistic Motive Animates a Horizontal Agreement Between Competitors Doesn’t Mean That the Agreement Promotes Consumer Welfare

One of my former law professors is undoubtedly correct in his positive statements of antitrust law.  Where I part ways with him in considering whether it should apply to an agreement between BMW, Ford, Honda, Volkswagen, and California to develop greener cars is that I am not persuaded that the agreement will promote consumer welfare. (Keep reading)

Some Flawed History on “Stolen” Supreme Court Seats

Senate Republicans did not “steal” a seat from Merrick Garland, President Obama, or the Democrats.  They simply declined to consider him at all, which they are well within their prerogative to do under the Constitution. (Keep reading)

“Hey”

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I received a fundraising email from the Rand Paul campaign just a few minutes ago, with a simple, one-word subject line.

Rand Paul fundraising email hey

This, of course, reminds me of the 2012 Engage DC report “Inside the Cave: An In-Depth Look at the Digital, Technology, and Analytics Operations of Obama for America” (PDF). On page 32 of the report, Patrick Ruffini and company noted that an Obama fundraising email with the subject line “Hey” had the highest open rate of any email the campaign sent during the cycle.

It’ll be interesting to see if the same holds true for Paul’s digital team. Clearly at least one recipient opened the email today.