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Brian Wolfman
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That's the name of this story by Elizabeth Dwoskin. Here's an excerpt: Last May, officials in Midlothian, Texas, a city near Dallas, approved more than $10 million in tax breaks for a huge, mysterious new development across from a shuttered... Continue reading
Posted 8 hours ago at CL&P Blog
Law profs Charlie Silver, David Hyman, and Bernard Black have published Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and after HB 4. Note the study's findings in the abstract below: This article,... Continue reading
Posted yesterday at CL&P Blog
That's the topic of a bluntly-titled article -- Taxing Rich Dead People to Tackle Student Loan Debt -- by law prof Victoria J. Haneman. The abstract follows. (Note in particular the stats in the second paragraph of the abstract concerning... Continue reading
Posted yesterday at CL&P Blog
Law prof Rhonda Wasserman has written Ascertainability: Prose, Policy, and Process. "Ascertainability" is a judge-made doctrine about, among other things, whether a would-be class representative must prove that there is an administratively feasible means of identifying class members before the... Continue reading
Posted Jan 28, 2019 at CL&P Blog
Our readers might be interested in Excessive Drug Pricing as an Antitrust Violation by law prof Harry First. Here is the abstract: It is nearly four years since Martin Shkreli bought an off-patent drug named Daraprim and raised its price... Continue reading
Posted Jan 25, 2019 at CL&P Blog
Reporter Sarah Kliff explains that "[u]nder Trump, the number of uninsured Americans has gone up by 7 million," while Gallup has found that the "U.S. Uninsured Rate Rises to Four-Year High," at least in part because of Trump Administration policy... Continue reading
Posted Jan 23, 2019 at CL&P Blog
The Supreme Court today decided Henry Schein Inc. v. Archer and White Sales Inc., which presented the question "whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if... Continue reading
Posted Jan 8, 2019 at CL&P Blog
The Supreme Court held argument yesterday in Merck Sharp & Dohme Corp. v. Albrecht. Here's the (loaded) question presented in Merck: Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer's proposal to... Continue reading
Posted Jan 8, 2019 at CL&P Blog
That's the name of this Washington Post article by Jeanne Lenzer and Shannon Brownlee. The article explains that the FDA continues to allow critical, implanted medical devices on the market via the so-called "510(k) process." Among other serious deficiencies, the... Continue reading
Posted Jan 6, 2019 at CL&P Blog
Law prof Jean Sternlight has written Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?. Here's the abstract: Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary,... Continue reading
Posted Dec 21, 2018 at CL&P Blog
In case you've not read about the allegations that Johnson & Johnson covered up possible asbestos contamination in its baby powder, read this article by Roni Caryn Rabin and Tiffany Hsu. We've posted before (for instance, here) about suits against... Continue reading
Posted Dec 20, 2018 at CL&P Blog
Originally posted in Take Care Blog Law prof Mark Totten has written an interesting piece for the Take Care Blog entitled Proving that Mick Mulvaney Compromised CFPB Enforcement. We posted Tuesday about a Washington Post article, which cited Mark's data... Continue reading
Posted Dec 6, 2018 at CL&P Blog
That's the title of this essay by Christopher Ingraham, which focuses on a new Brookings study on race and wealth. Here's how the essay starts: There are a lot of reasons that home prices tend to be lower in black... Continue reading
Posted Nov 28, 2018 at CL&P Blog
That's the topic of this article by Karen Sloan. Here's an excerpt: A group of Harvard law students aims to pressure Kirkland & Ellis to drop its use of mandatory arbitration for employees by encouraging their classmates to boycott the... Continue reading
Posted Nov 14, 2018 at CL&P Blog
Read Wells Fargo says its promises to restore consumer trust were just ‘puffery.’ But now they look like lies by Michael Hiltzik. Here's an excerpt that sets the theme: If you’ve ever wondered how businesses can get away with making... Continue reading
Posted Nov 11, 2018 at CL&P Blog
We've posted many times on the NFL concussion class-action settlement. Go here, for instance. Now there's this story in USA Today saying that some injured former players who qualify for payments under the settlement are getting little or nothing after... Continue reading
Posted Oct 25, 2018 at CL&P Blog
We've posted here many times about the massive and growing student-loan debt in this country. Two new pieces might interest our readers. First, Maine is so interested in getting educated people to move to Maine that it will refund most... Continue reading
Posted Oct 25, 2018 at CL&P Blog
That's the topic of as Glass-Steagall's Demise Inevitable and Unimportant? by law prof Arthur Wilmarth. Here's the abstract: The demise of the Glass-Steagall Act was the result of affirmative policy decisions by federal regulators and Congress, and it was not... Continue reading
Posted Oct 23, 2018 at CL&P Blog
Law prof Albert Lin has written President Trump's War on Regulatory Science. Here is the abstract: The Trump administration has taken numerous actions that appear hostile to scientists, scientific research, and scientific data, leading some observers to assert that a... Continue reading
Posted Oct 10, 2018 at CL&P Blog
The Kentucky Supreme Court's unanimous decision is Northern Kentucky Area Development District v. Snyder. The first two paragraphs of the court's opinion summarizes its reasoning: Kentucky Revised Statute (“KRS”) 336.700(2) prohibits employers from conditioning employment on an existing employee’s or... Continue reading
Posted Oct 5, 2018 at CL&P Blog
California's net neutrality law was just signed into law. The Justice Department says it will sue to invalidate California's law on federal preemption grounds. Read about it here. Continue reading
Posted Oct 1, 2018 at CL&P Blog
That's the topic of this article by consumer reporter Michelle Singletary. It includes this hypothetical underscoring how the cost of credit can differ based on one's credit score: Let’s look at a person taking out an auto loan who has... Continue reading
Posted Sep 23, 2018 at CL&P Blog
Law prof Richard Frankel has written The Federal Arbitration Act and Independent Contractors, which takes up an issue before the Supreme Court in New Prime v. Oliveira. Here's the abstract of Frankel's article: The misclassification of employees as independent contractors... Continue reading
Posted Sep 12, 2018 at CL&P Blog