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OpenMarket: Law and Constitution

  • 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.

  • How to Articulate a Free-Market Vision for the Future

    October 16, 2018

    The Competitive Enterprise Institute views most market failure rationales for government intervention as wrong, overstated, or unproven (or all of the above). The Competitive Enterprise Institute views most market failure rationales for government intervention as wrong, overstated, or unproven (or all of the above). That belief is very difficult to test, however, because government has seized control of the relevant resources and blocks the market discovery process. 

  • California's Attempt at Net Neutrality Clearly Unconstitutional

    October 15, 2018

    On September 30, California Governor Jerry Brown signed into law SB-822, a set of regulations on Internet service providers that’s slated to go into effect at the beginning of 2019. Often referred to as a “net neutrality” bill, SB-822 aims to impose on Internet providers several sweeping mandates derived from a regulation issued by the Federal Communications Commission in 2015.


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