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In the News

Administrative Procedure Act Limitations: Cost Measurement and Disclosure

quoting John H. Cochrane via Competitive Enterprise Institute
Wednesday, January 30, 2019

U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and delay of work and decisions, or even results in “imperiousness” and “jerk[ing] people around.”

Analysis and Commentary

On Assimilation

by Victor Davis Hansonvia National Review
Wednesday, January 30, 2019

The idea of rapid assimilation, integration, intermarriage, and Americanization was once melting-pot clear. Immigrants arrived in the U.S. eager to find something better (whether economically, politically, culturally, or socially) than what they left behind.

Analysis and Commentary

Conflating Ideas Weakens Constitutional Principles

by Peter Berkowitzvia Real Clear Politics
Wednesday, January 30, 2019

Like an individual mixed up about his convictions, a nation perplexed about its principles is prone to self-inflicted wounds. Both are likely to wander aimlessly and choose friends poorly while falling for the blandishments of adversaries. They are prone to misjudge their interests and misconstrue justice. A nation perplexed about its principles exacerbates citizens’ muddle about their convictions. 

In the News

Law’s Influencers

quoting Jack Goldsmithvia Harvard Law Today
Tuesday, January 29, 2019

Jack Goldsmith didn’t plan on building a behemoth. When the Harvard Law professor teamed up with University of Texas at Austin law professor Robert Chesney ’97 and Brookings Institution writer Benjamin Wittes to start the Lawfare blog in 2010, it was launched, he says, with “very modest ambitions and no planning.”

Analysis and Commentary

Arbitration With Uninformed Consumers

by Mark Egan, Amit Seru via Harvard Law School
Monday, January 28, 2019

Arbitration is a private mechanism for resolving disputes outside of the court system. In arbitration the contracting parties present their case to a private arbitrator who then issues a legally-binding resolution to the dispute. When consumers purchase a product or service, the purchase often contains a pre-dispute arbitration provision, which legally mandates that the consumer must resolve any related dispute using arbitration.

Blank Section (Placeholder)Analysis and Commentary

Who Do You Sue?

by Daphne Kellervia Aegis Paper Series
Tuesday, January 29, 2019

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms. The essay contends that questions of state and private power are deeply intertwined. To understand and protect internet users’ rights, we must understand and engage with both.

In the News

Richard Epstein On Antitrust Laws And Intense Market Competition

featuring Richard A. Epsteinvia AEI
Monday, January 28, 2019

From Richard “The Libertarian” Epstein’s excellent Forbes article “Beware of Populist Antitrust Law“: …the greatest period of human progress in the United States started in 1870 and continued through onset of World War II. The Gilded Age was more than gilt. It was a period of unprecedented economic prosperity, disease control, and a large increase in life expectancy, largely attributable to unprecedented scientific and technological advance.

In the News

Monday Round-Up

quoting John Yoovia SCOTUS Blog
Monday, January 28, 2019

Commentary and coverage focus on the Supreme Court’s decision last week to review New York State Rifle & Pistol Association Inc. v. City of New York, in which the justices will consider whether New York City’s ban on transporting a licensed, locked and unloaded handgun outside city limits violates the Constitution. In an op-ed for Los Angeles Times, James Phillips and John Yoo argue that “[t]o ensure the equal treatment of constitutional rights, the court should establish a test fully rooted in the original understanding of the Constitution and the Bill of Rights.”

Analysis and Commentary

The Issue Is Not Roger Stone’s Lurid Personal Life But Equality Under The Law

by Victor Davis Hansonvia National Review
Sunday, January 27, 2019

The issues of special Robert Mueller’s indictment of Roger Stone have nothing to do with his personal life. His sexual habits should be of no concern to anyone. And what is so funny about the Internet jokes about (a still presumed innocent) Stone enjoying rape once he’s in prison? The issues are instead threefold: One, given that Stone has said so many contradictory things, were his public statements lies and his sworn statements true, vice versa, neither or both?

Analysis and Commentary

Finally, The Supreme Court Is Taking Up Gun Rights Again

by James C. Phillips, John Yoovia Los Angeles Times
Sunday, January 27, 2019

On Tuesday, the Supreme Court granted review of a case involving the constitutional right to keep and bear arms. The case challenges a New York City law that prohibits transporting handguns, even licensed and unloaded ones, to places outside of the city, including to a second home or a shooting range.

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