These views are mine alone, but they should be yours, too.
Not only are the three DAs’ concessions substantive and meaningful in their respective counties, the stipulations they put into the record, although legalistically drafted, are all but concessions that they were on the losing side of the merits of the case. (Keep reading)
Abortion-rights advocates who are displeased with Dobbs have a couple of paths forward. (Keep reading)
In the following open letter to my new congressman, Rep. Mark Green, I explain why I think it is important for him to cosponsor and vote for passage of Rep. Justin Amash’s Ending Qualified Immunity Act. Thank you for reading. (Keep reading)
Facebook’s investors would probably rather the company’s directors not needlessly expose its bottom line to litigation expenses to defend even meritorious First Amendment claims by taking such drastic, heavy-handed measures as outright censorship of political speech and associations. (Keep reading)
“Does the Tenth Amendment and reservation of police powers to the states under the Constitution create any special hurdle to liability for quashing protests?” The answer to that question is a resounding “no.” (Keep reading)
The Raleigh Police Department shut down a protest this week and arrested people who refused to comply. It should lose a First Amendment challenge to its conduct ten times out of ten under multiple theories of free speech law. (Keep reading)
As they say, the devil is always in the details, but generally speaking, broad-based “safer-at-home” or “shelter-in-place” orders to prevent the spread of COVID-19, without more, probably do not violate the First Amendment’s Free Exercise Clause, even if they prevent church members from gathering to worship. (Keep reading)
The Cincinnati-based grocery retailer has decided to stop allowing free alternative weekly newspapers to distribute issues in their stores, but this decision probably does not amount to an antitrust violation. (Keep reading)
The word “reasonable” sparked some discussion between NHL Network Radio’s Steve Kouleas and Scott Laughlin today on their show, the Power Play, including Kouleas’s exasperated question, “What does ‘reasonable’ mean?!” I’m here with answers. (Keep reading)
Yesterday, I sent my post on the antitrust implications of an agreement between BMW, Ford, Honda, Volkswagen, and the State of California to John Newman, my former Antitrust Law professor to whose recent column in The Atlantic on the agreement I was critiquing, and he graciously responded. As I said initially, I was pretty sure the conclusion in John’s syllogism was correct, but I stand by my claims that mere altruism isn’t (and shouldn’t be) what controls when it comes to measuring the impact of anti-competitive conduct on consumer welfare. (Keep reading)