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OpenMarket: November 2011

  • Wherein CCAF is "justly lauded"

    November 28, 2011
    More coverage of the AOL victory in a Washington Examiner op-ed. And Reuters Legal does a lengthy story.

    AOL's attorney's comment is revealing: all they cared about was whether they were able to get rid of the frivolous claims against them in a nuisance lawsuit. But the Center cares more about establishing precedents and rules governing the long-term fairness of class actions than any individual result. That larger issue was irrelevant to AOL, so they think they have a victory, but we do, too. Reuters, through Professor Brian Fitzpatrick...
  • Is the Four Loko/FTC Settlement on the Rocks?

    November 28, 2011
    If you're a regular reader of, then you know we at CEI have written quite a bit on the issue of Four Loko. In the past two years, many of us at the Institute have stepped up to defend, not the product itself, but rather the company and consumers rights to purchase the beverage. Considering that there are already laws preventing minors from purchasing alcoholic beverages, we simply don't see a need for some nanny-state bureaucrat to step between this trade and tell us we are too dumb to understand how harmful it is to drink four cans of Four Loko back-t0-back, and that's why it needs to be taken off store shelves. Yet, that is in essence what happened last year. The FDA sent warning letters to the makers of various alcoholic beverages that also contained caffeine. I...
  • Isaac Newton’s Funeral

    November 28, 2011
    Isaac Newton's life was a landmark event in the history of science. His funeral was, unknowingly, a landmark event in the history of human freedom.
  • No, Rousseau, Man Is a Social Animal

    November 27, 2011
    Rousseau's Original Man in the state of nature assumes away our innate social tendencies. From his false premises come many of his false conclusions:
  • The Poor Benefit Most

    November 26, 2011
    Deirdre McCloskey's Great Fact is the leaps and bounds that human well-being has made over the last 200 years. The improvement is a factor of at least 16 in monetary terms, and as much as 100-fold when accounting for the improved quality and durability of goods. Not 16 or 100 percent; 16 or 100-fold.
  • Class-Action Abuses Challenged in the Courts; CEI Files Amicus Brief Challenging Abuses

    November 25, 2011
    Thanks to the Center for Class Action Fairness, courts are finally enforcing safeguards against the diversion and misuse of class-action lawsuit settlements, which all too often have been used to enrich cronies of trial lawyers and pet projects of the trial judge rather than to benefit the consumers in whose name the class action was brought. In Nachsin v. AOL, Inc., the Ninth Circuit Court of Appeals struck down the diversion of class-action settlement money to  local Los Angeles charities unrelated to the class or the claims of a national class-action lawsuit. Ted Frank of the ...
  • How to Lose an Argument

    November 25, 2011
    Erskine tells a story that explains to Paine’s prosecutors why someone who threatens force during an argument is almost surely wrong:
  • One Measure of Progress

    November 24, 2011
    This quote from friend-of-CEI Matt Ridley is too good not to share. Something to be thankful for on Thanksgiving:
  • Regulation of the Day 200: Flying Food

    November 23, 2011
    Millions of Americans are taking to the skies to spend time with their families over Thanksgiving. Many of them will be carrying leftovers on their return trips. Fortunately, the TSA is fully prepared to defend the airways against terrorist turkeys and rogue desserts.
  • Don't Fear the Feast: Pass the Canned Cranberry Sauce, Green Beans, and Gravy!

    November 23, 2011
    It seems like the leftist activists don't want anyone to enjoy life. They'd rather we be fraught with worry. During the weeks and days leading up to Thanksgiving Day, they've issued bogus reports on why Americans should fear their holiday feast. "Study finds chemical BPA in popular Thanksgiving canned foods," says the Los Angeles Times. The story cites a study released by anti-chemical activists at the Breast Cancer Fund. "The organization tested four cans of each of the following: Campbell's Cream of Mushroom Soup, Campbell's Turkey Gravy, Carnation Evaporated Milk, Green Giant Cut Green Beans, Libby's Pumpkin and Del Monte Fresh Cut Sweet Corn, Cream Style," reports the Los Angeles Times. You...


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