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Thomas Greaney and Samuel Miller—both adjunct professors at UC Hastings College of the Law and former attorneys with the Antitrust Division of the US Department of Justice—describe how antitrust law in the United States no longer operates as a legal sword to keep markets competitive, but as a shield to protect large companies from competition. Greaney and Miller call for a renewal of the antitrust enterprise using the best of current economics informed by a realistic appreciation for how markets actually work in the real world.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on a recent opinion by the Nebraska bar concluding that lawyers may receive digital currencies such as bitcoin for their services, but only subject to certain conditions. Rotunda provides a brief explanation of bitcoin and explains why the opinion makes no sense. Rotunda calls upon lawyers and state bars to consider the impact of new technology on lawyers, but not to impose special rules on novel tools that are simply a new way of engaging in a traditional endeavor.
Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.
Locals faced with medieval tax to pay for castle renovations
Justia columnist and Cornell law professor Sherry Colb comments on the situation of a pregnant 33-year-old woman in Texas whose family has been unable to have her removed from life support, notwithstanding her wishes and those of her family. The obstacle is a Texas law that prohibits the withdrawal or withholding of life-sustaining treatment from a pregnant patient. Colb contends that while political groups have weighed in—in predictable ways, corresponding to their views regarding abortion—in fact we should analyze the dilemma as in some respects, legally and morally distinct from the situation that confronts us in the abortion context, as she explains.
Cornell University law professor Sherry F. Colb comments on the controversy over Charlie Gard, an infant in England who was born with a rare genetic condition that is typically fatal in infancy or early childhood. Colb describes the legal journey of Charlie Gard and his parents and proposes ways in which the laws in the United Kingdom and the United States might inform each other.
Cardozo law professor Marci Hamilton comments on the latest revelations about Bill Cosby arising out of a deposition from a civil lawsuit from ten years ago. Hamilton explains why there are so many secrets about sexual assault, including short statutes of limitations and sealed admissions in civil cases, and calls for greater transparency and publicity.
Hofstra University law professor Joanna Grossman discusses the effect that the U.S. Supreme Court’s decision in Young v. United Parcel Service has had on cases arising under the Pregnancy Discrimination Act (PDA), as well as the limitations of that decision. Grossman argues that while the decision helped give effect to the intended purpose of the PDA, it did not and could not expand the scope of the statute, which is what is now needed to adequately protect pregnant workers.
Cornell Law professor Joseph Margulies argues that rather than see certain individuals as monsters undeserving of empathy, we should see the humanity in every person. To illustrate his point of humanity, Margulies describes in detail the life and background of Dante Owens, who was sentenced to three consecutive life sentences.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by an appellate court in New York clarifying the rights of two adults who had a pre-adoption agreement but separated before actually adopting a child. Grossman praises the court for using language that would preserve the rights of lesbian co-parents broadly, but finding that the woman in this particular case is not a co-parent.
Justia columnist and Cornell law professor Sherry Colb comments on recent laws enacted by several states banning abortion procedures at 20 weeks post-fertilization (or 22 weeks after a pregnant woman’s last menstrual period or “LMP”), and a similar federal measure passed by the House of Representatives, the “Pain-Capable Unborn Child Protection Act (PCUCPA), which would—in the unlikely event that it passed—yield a national prohibition against abortion at 20 weeks post-fertilization (with various exceptions). Some see such laws as a way to subtly advance a pro-life agenda, but Colb notes that an emphasis on the importance of pain, sentience, and suffering in morality surely should, especially, make us ask why we ignore the terrible suffering of the animals we use for food, when we should, instead, Colb contends—focusing on pain—choose to become vegan.
Justia columnist and former counsel to the president John Dean, a very frequent flyer himself, argues strongly against the Federal Communications Commission (FCC)’s apparent plan to authorize cellphone calls to be permitted during domestic airline flights. The move was backed by the Telecommunication Industry Association, which would benefit from the change, but it triggered negative public feedback. Moreover, Dean notes, the Department of Transportation is likely to say no to the FCC’s plan. Ultimately, Dean notes, a split decision is likely, allowing texting, but not talking, on a plane.
Cornell University law professor Michael Dorf argues that in some contexts, consideration of states’ rights is relevant to the interpretation of federal statutes, but in other contexts—including the federal lawsuit over a transgender boy’s access to a boys’ restroom at school—principles of federalism are outweighed by other considerations. Dorf provides three examples of instances where federalism should play a role in the interpretation of federal statutes, and he explains why the transgender bathroom case differs from those instances.
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