You are here

OpenMarket: Law and Constitution

  • Oregon Court Rebuffs Kids' Climate Lawsuit

    January 11, 2019
    Oregon’s Court of Appeals ruled on 9th January that the public-trust doctrine does not impose a “fiduciary obligation” on the state to develop and implement a climate change mitigation program. 
  • An Executive Order to Shine Light on Dark Matter

    December 27, 2018
    Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it sounds.
  • Best Books of 2018: Judicial Fortitude

    December 19, 2018
    My pick for one of the best books of this year is “Judicial Fortitude: The Last Chance to Rein in the Administrative State” (Encounter Books, 2018) by Peter Wallison. It makes the seemingly dry topic of the administrative state come alive—or rather, illustrates how it is already alive and very destructive to our liberties.
  • Don't Blame Google for a Feature Consumers Want

    December 6, 2018
    It’s very rare I disagree with the great freedom-loving journalist John Stossel, but his column at Townhall this week made me raise an eyebrow. In it, he criticizes Google and its platform YouTube for having “power they shouldn’t have.” He was concerned that YouTube would “not allow” his new video, “Socialism Leads to Violence” to be viewed by young people. After his complaint, Google apparently lifted the restriction.
  • Judge Blocks Keystone XL Pipeline

    November 9, 2018
    Montana federal judge Brian Morris ruled on November 8th that the State Department and TransCanada Corporation must discontinue all efforts to construct or operate the Keystone XL Pipeline until the Department has completed a supplement to its 2014 Supplemental Environmental Impact Statement (SEIS) that complies fully with the National Environmental Policy Act (NEPA) and Administrative Procedure Act (APA).
  • Q&A on Frank v. Gaos, Class Action Lawsuit Headed to Supreme Court

    October 30, 2018

    Q: What is the main question at issue in Frank v. Gaos?

    A: The Supreme Court will consider whether a class action settlement is fair under the rules where the plaintiffs’ attorneys direct all of the settlement relief to outside organizations instead of the class members.

  • New York State Latest to Sue Over Climate Change

    October 27, 2018

    New York Attorney General Barbara Underwood launched a lawsuit on October 24th against ExxonMobil Corporation over the company’s treatment of climate change-related risks and costs. The suit alleges that ExxonMobil knew, with precision, the social cost of carbon and the cost of future carbon mitigation policies, but that the company did not accurately include these costs in its decision making and in its public filings.

  • Greens Want to Hide the Truth about Chlorpyrifos

    October 26, 2018

    Environmental crusades to ban pesticides often exaggerate chemical risks with little, if any, consideration of how bans undermine food production. And there is a reason for that: a balanced approach undermines the greens’ radical agenda. Just recently, some activists have gone as far as to ask a federal court to basically ignore an amicus brief filed by farm groups. It details the damage that a court-ordered pesticide ban could cause.

  • Frank v. Gaos: Fighting to Protect Consumers from Greedy Attorneys

    October 18, 2018

    Our class action legal team here at the Competitive Enterprise Institute, the Center for Class Action Fairness, has a new video explainer on their upcoming case before the U.S. Supreme Court this term, Frank v. Gaos. Find out how they are fighting to make sure regular people benefit from class actions settlements, rather than attorneys and special interests.

  • U.S. Government Weighs in on 'Cy Pres' Abuse in Frank v. Gaos

    October 17, 2018

    On October 31, 2018, the Supreme Court will hear oral argument in Frank v. Gaos. The petitioners are class members challenging a class action settlement resulting from alleged privacy violations by Google’s search engine. Out of the $8.5 million fund created by the settlement, it paid nothing to class members. Instead, it paid $2.1 million to the lawyers, $1.1 to named plaintiffs and administrative costs, and $5.3 million in cy pres payments to a handful of unaffiliated third-party organizations, including class counsel’s alma maters and groups Google already supported through donations.


Subscribe to OpenMarket: Law and Constitution