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Brian Wolfman
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by Ted Mermin (guest blogger -- pictured to the right) Just a quick follow-up on Allison Zieve's post on the country-of-origin-labeling case decided yesterday by the DC Circuit. As Allison notes, the case addresses the constitutional standard under which government-mandated... Continue reading
Posted yesterday at CL&P Blog
This article by Matt O'Brien is about the same study that Scott posted about yesterday. But it highlights a longer-term phenomenon -- that the middle class has lost ground, not only in the recent past (because of the massive recession... Continue reading
Posted yesterday at CL&P Blog
Seriously. The Transportation Security Agency wants to know whether consumers have solutions to long airport security lines. TSA is offering cash rewards for the best ideas about how to speed security checks. The total payout will be $15,000. Top prize... Continue reading
Posted 3 days ago at CL&P Blog
Read this recent report by the National Highway Traffic Safety Administration. Loss of life and injuries from vehicle crashes go way beyond measurement in purely economic terms, but the economic losses (including the lost of quality life measured in economic... Continue reading
Posted 3 days ago at CL&P Blog
In 2009, Congress for the first time gave the Food and Drug Administration authority to regulate tobacco. In April 2014, the agency proposed to regulate e-cigarettes and similar products. In a short paper in the Journal of the American Medical... Continue reading
Posted 6 days ago at CL&P Blog
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by Brian Wolfman Take a close look at this story about a new CNN poll. The first thing you see is this: So, it looks like 59% oppose the ACA and only 40% support it. If you are an ACA... Continue reading
Posted 7 days ago at CL&P Blog
Remember the 80-20 rule (also known as the medical loss ratio rule)? That's the Affordable Care Act rule that generally requires health insurers to spend 80% or more on hospitals, docs, prescription drugs, and the like (that is, actual health... Continue reading
Posted 7 days ago at CL&P Blog
A recent study by Myungho Paik, Bernard Black, and David Hyman finds a significant downward effect from state-law medical-malpractice caps on claim rates and payouts. Here is the abstract: We study the effect of damage caps adopted in the 1990s... Continue reading
Posted Jul 23, 2014 at CL&P Blog
The Consumer Financial Protection Bureau has been taking consumer complaints on a wide range of topics for some time now, including mortgage lending, credit reporting, private students, and (more recently) debt collection. The agency announced today that it is now... Continue reading
Posted Jul 21, 2014 at CL&P Blog
We have been providing reports (go, for instance, here) of evidence that the number of Americans lacking health insurance has been dropping as the Affordable Care Act goes into effect. Here is the latest: State insurance officials [in Washington state]... Continue reading
Posted Jul 21, 2014 at CL&P Blog
Is off-label drug promotion--promotion of drugs for uses other than those approved by the FDA -- good, bad, or something in between? What can the FDA do to curb off-label promotion by drug sellers consistent with the First Amendment? Law... Continue reading
Posted Jul 21, 2014 at CL&P Blog
Professors Eric Fink and Roland Zullo have written Federal Student Loan Servicing: Contract Problems and Public Solutions Here is the abstract: One consequence of the 2007-2008 financial crisis was an abrupt shift from bank-based to direct federal student loans. This... Continue reading
Posted Jul 18, 2014 at CL&P Blog
That's the title of this piece by Steven Davidoff Simon. The piece describes how the American Apparel company hid sexual harrasment through a pre-dispute mandatory arbitration clause that it forced on its employees. Hat tip to Paul Bland. Continue reading
Posted Jul 15, 2014 at CL&P Blog
That's the name of this article by law professor Linda Mullenix. Here is the abstract: Class actions have been a feature of the American litigation landscape for over 75 years. For most of this period, American-style class litigation was either... Continue reading
Posted Jul 14, 2014 at CL&P Blog
As this article by David Nather puts it: "The evidence is piling up now: Obamacare really does seem to be helping the uninsured." For instance, read this study (9.5 million fewer adults lacking health insurance after first ACA open enrollment... Continue reading
Posted Jul 13, 2014 at CL&P Blog
On Wednesday, we told you that federal district judge Anita Brody in Philadelphia has preliminarily approved a class-action settlement in a case brought by former NFL football players against the NFL. The suit claims that the NFL is responsible for... Continue reading
Posted Jul 11, 2014 at CL&P Blog
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On this blog, we talk sometimes about whether disclosure to consumers as opposed to outright prohibtions or restrictions on business conduct (or doing nothing at all) is the appropriate way, under the circumstances, to protect consumers in the marketplace. In... Continue reading
Posted Jul 9, 2014 at CL&P Blog
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by Brian Wolfman Federal district judge Anita Brody in Philadelphia has preliminarily approved a class-action settlement in a case brought by former NFL football players against the NFL. The players claim that the NFL is responsible for their serious concussion-related... Continue reading
Posted Jul 9, 2014 at CL&P Blog
In United States v. Windsor, 133 S. Ct. 2675 (2013), the Supreme Court held section 3 of the Defense of Marriage Act unconstitutional as a violation of equal protection and due process principles. Section 3 said that for the purpose... Continue reading
Posted Jul 8, 2014 at CL&P Blog
Herman Schwartz has written How Consumers are Getting Screwed by Court-Enforced Arbitration in The Nation. (Hat tip to Paul Bland) Continue reading
Posted Jul 8, 2014 at CL&P Blog
Go here or click on the embedded video below. Continue reading
Posted Jul 8, 2014 at CL&P Blog
The CFPB has started hiring for its next class of Louis D. Brandeis Honors lawyers, who will begin work in fall 2015. Here's how the agency describes the positions: The Louis D. Brandeis program is a two-year fellowship designed to... Continue reading
Posted Jul 8, 2014 at CL&P Blog
As the country reflects on the Civil Rights Act of 1964 -- which went into effect on July 2, 1964 --50 years in, read this op-ed by Georgetown law prof Sheryll Cashin. Continue reading
Posted Jul 2, 2014 at CL&P Blog
You may remember that, last September, we told you about a 9th Circuit decision holding that Google violated federal Wiretap Act when it collected individual consumers' unencrypted wi-fi data while capturing "Street View" photographs. Here's what the 9th Circuit said... Continue reading
Posted Jul 2, 2014 at CL&P Blog