The American Spectator
Financial Experts: Dodd-Frank Exacerbates Instability
These were the standout insights from a panel discussion hosted by the Competitive Enterprise Institute (CEI) on April 11. The gathering focused on the Financial…
Overlawyered
NYT Breaks Open Pigford Case, Cont’d
Hans Bader wonders whether the Obama administration might have avoided going down the embarrassing settlement route had it taken more seriously the Supreme Court’s 2001…
Overlawyered
SCOTUS: U.S. Can’t Play Tortmaster-General to the World
Notably, all nine Justices sidestepped the issue that had caused extensive angst among many popular commentators, namely whether the statute could be applied to corporations…
Capital Press
Group Sues EPA Over Instant Messages
A new lawsuit accuses U.S. Environmental Protection Agency officials of using instant messaging to avoid revealing their communications to the public. The plaintiff, the Competitive…
Law
West Virginia AG’s New Rules for Outside Counsel
Legal reform advocates have had harsh words for outside counsel selection under McGraw. In a 2010 report, the Competitive Enterprise Institute named McGraw to its…
PJ Media
Here’s to Austerity: Last Day Until Sequestration
Hans Bader of the Competitive Enterprise Institute wrote on February 25 that these cuts are good. The Cato Institute describes why most of these cuts…
Slate
Opening Act: “A Vote for Cloture is a Vote to Confirm”
CEI's Hans Bader argues that sequestration will be good for the economy in the long run. This is another problem with…
PJ Media
The Bogus Wage Gap War
Additionally, women tend to work fewer hours than men, which could also partially explain…
Free Beacon
A Different Standard
Hans Bader, senior attorney and counsel for special projects at the Competitive Enterprise Institute, which filed a brief in the St. Paul case, said…
Overlawyered
February 17 roundup
Federal taxpayers via National Cancer Institute grant dished out more than a million dollars to pay for laughable conspiracy-theory report smearing Tea Party [Hans…
Washington Examiner
Ethanol mandates and starving kids in Guatemala
Our federal law requires refiners buy ethanol. This results in ethanol imports from places like Guatemala. This spurs the ethanol industry in Guatemala. This exacerbates…
Minding the Campus
How Law Schools Evade Market Competition
The plain truth, as many lawyers will tell you (Harvard Law graduate Hans Bader, for instance), is that law school is mostly a drawn-out prelude…
Overlawyered
Free Speech Roundup
Common Cause vs. First-Amendment-protected political speech, part umpteen [Hans Bader, CEI]…
The College Fix
Obama’s New College Bailout Will Fuel Skyrocketing Tuition
So argues Hans Bader of the Competitive Enterprise Institute: We wrote earlier about perverse federal financial aid policies that encourage colleges to jack…
National Review
Sneaky Stuff
Some Democrats are trying to sneak through legislative amendments that would, by overturning a number of Supreme Court decisions, both codify and expand disparate-impact causes…
Point of Law
Will lawmakers slip disparate impact, punitive damages into Title VI?
Title VI of the Civil Rights Act of 1964, which prohibits discrimination by recipients of federal education spending and other programs, does not currently allow…
Point of Law
Hans Bader on Disparate Impact Liability
In his recent article, New Pressure On Schools To Adopt Quotas, Speech Codes, And Low Standards?, senior attorney at the Competitive Enterprise Institute, Hans Bader,…
Point of Law
Does Fisher Matter?
The recently-argued Supreme Court case of Fisher v. University of Texas has many people believing that the Court is likely to strike down the explicit…
Fordham Law Review
Conflict Minerals Legislation: The SEC’s New Role as Diplomatic and Humanitarian Watchdog Sneaky Stuff
Congolese activists and others have continually asserted that this regulation will lead, and has already led, to an embargo of Congolese minerals, a drastic cost…
The College Fix
Why Michigan’s Affirmative Action Decision Will Be Overturned
Hans Bader of OpenMarkets.org, explains why the recent appeals court decision to uphold affirmative action in college admissions in Michigan will not stand for long:…
Overlawyered
Discrimination Law Roundup
EEOC continues to pressure employers over use of criminal background checks in hiring process [Hans Bader, Daniel Schwartz, Jon Hyman, earlier]…
Investor's Business Daily
Obama To Unleash Racial-Preferences Juggernaut
Last month, moreover, the Education Department pressured the Oakland school district to impose "targeted reductions" in the number of black students suspended. The department charged…
Cato
OCCUPY PENNSYLVANIA AVENUE: HOW THE GOVERNMENT’S UNCONSTITUTIONAL ACTIONS HURT THE 99%
The constitutional problems with Sarbox primarily lie with the enforcement body that enforces the new regulatory regime–the Public Company Accounting Oversight Board (PCAOB)–and the broad…
The Daily Californian
Guilty Until Proven Innocent
in April 2011, the U.S. Department of Education ordered all American colleges and universities to comply with certain new disciplinary procedures for students accused of…
The Daily Beast
More Fact Checker Fail
Fact checkers from the LA Times to Candy Crowley have made a number of erroneous "factual claims"–and yes, indeed, conservatives, the errors do all seem…
The Volokh Conspiracy
When Fact Checkers Have Trouble With Facts
Another example of fact checkers having trouble with facts can be found in Politifact’s commentary on whether it was fair for President Obama to criticize…
Red State
In panel discussion on Ledbetter, liberals ignore shortchanging amongst Democrats
National Review
Hans Bader on Fisher
From George Leef's post on National Review Online: Competitive Enterprise Institute lawyer Hans Bader writes here about the precedents involved in Fisher v.
National Review
State Attorney General Races to Watch
From Carrie Severino's column in National Review : McGraw has been attorney general of West Virginia since 1992, and his willingness to engage…
Legal Newsline
AGs of S.C., Okla. and Mich. Join Challenge of Dodd-Frank
From John O'Brien's article on LegalNewsline: The suit challenges the constitutionality of the Consumer Financial Protection Bureau, which was created by the law…
Washington Examiner
EPA refuses to talk about think tank suit demanding ‘secret’ emails
From Mark Tapscott's article in The Washington Examiner: Environmental Protection Agency officials are keeping mum today about a potential landmine of a lawsuit…
PJ Media
Heckler’s Veto: NYC Prohibits Controversial Subway Ads in Wake of Islamist’s Vandalism
UPDATE: Hans Bader: Scapegoating Free Speech.
Hot Air
PBS NewsHour Omits Obama’s Support for Blasphemy Law
From Hot Air: Hans Bader of the Competitive Enterprise Institute also wrote on September 13 that: the…administration was earlier criticized by…
Forbes
Rick Ungar Is Wrong: Obama Is the Biggest Spender in World History
National Review
The Crusade against ‘Bullying’
From George Leef's post in National Review: In a College Insurrection piece, attorney Hans Bader of the Competitive Enterprise Institute writes about the…
Reason
Not for Teacher: Criminalizing Free Speech in North Carolina
Hot Air
One Film That Put Free Speech in the Cross Hairs
From Hot Air: Hans Bader, Senior Attorney at the Competitive Enterprise Institute, wrote on September 13 that “the Egyptian government said, ‘We ask…
Hot Air
Not ‘Two Decades’ After All… Lilly Ledbetter Deceived DNC, Knew Of Her Pay Disparity Since 1992
From Matt Vespa's post on Hot Air: This is an update on my previous post on Lilly Ledbetter. It appears that not only…
Overlawyered
Lawmaker Tries to Shut Up Linebacker, Cont’d
From Overlawyered: I’ve got a post at Maryland for All Families following up on the free-speech controversy that flared up when Del. Emmett…
Daily Caller
Obama’s African-American Clients Got Coupons, Not Cash
From The Daily Caller: Hans Bader, senior attorney and counsel for special projects at the Competitive Enterprise Institute, told TheDC, “When it comes…
PJ Media
Higher Education Bubble Spawns Demographic Decline Among Educated Americans
From Instapundit: HIGHER EDUCATION BUBBLE UPDATE: Higher Education Bubble Spawns Demographic Decline Among Educated Americans. As college…
News Busters
CNN Ignores Conservative Experts When Slamming Romney Welfare Ad as ‘False’
From Matt Hadro's article in Newsbusters: Hans Bader, senior attorney at the Competitive Enterprise Institute, added that "Waiving work requirements in favor of…
Overlawyered
California’s Prop 37: Prop 65 in Organic Garb
From Overlawyered: From Hans Bader: would the measure be open to challenge as unconstitutional, or as federally preempted? …
Overlawyered
Maryland Roundup
From Overlawyered: If you think the current federal crusade on disparate minority school discipline rates is unreasonable, check out the…
Overlawyered
Feds’ Crusade on Disproportionate Minority School Discipline Rates
From Overlawyered: Also includes a sidebar on the feds’ somewhat contrasting “anti-bullying” campaign. More: Hans Bader, plus a letter from…
Overlawyered
Chicken Scraps
From Overlawyered: I joined hosts Mark Newgent and Andrew Langer of RedMaryland on their BlogTalkRadio show Monday evening to talk…
National Review
What is NYU Going to Do?
From George Leef's post in The National Review: The furor over Chick-fil-A president Dan Cathy’s opposition to same-sex marriage…
Overlawyered
Labor and Employment Roundup
From Overlawyered: Hans Bader of the Competitive Enterprise Institute explains why he sees no contradiction in opposing the Employment Non-Discrimination…
Hot Air
ABC News releases first home video of Colorado shooter James Holmes
Forbes
Obama: Biggest Spender in World History
From Peter Ferarra's article in Forbes: Moreover, as Competitive Enterprise Institute scholar Hans Bader reported in May, “The Democrat Congress [in 2008], confident…
Bennington Banner
Court Ruling on Blogger Sparks Debate
From Andrew Amelinckx's article in The Bennington Banner: In the wake of a district court judge’s ruling forcing Dan Valenti to remove references…
Washington Post
Romney Finally Punches Back on Outsourcing
From Jennifer Rubin's post in The Washington Post's Right Turn: Hans Bader of the Competitive Enterprise Institute wrote about…
Powerline
Major Lawsuit Challenges the Constitutionality of Dodd-Frank
From Paul Mirengoff's post in PowerLine: The plaintiffs are represented by Boyden Gray of Boyden Gray & Associates, along with the firm of…
Newsbusters
The Horror: NYT’s Timothy Egan Forced to Watch Fox News
From Clay Waters' article on Newsbusters: "Timothy Egan, a liberal reporter turned columnist for the New York Times, was forced to watch Fox…
Forbes
President Obama: The Biggest Government Spender In World History
From Peter Ferrara's column in Forbes: As Hans Bader reported on May 26 for the Washington Examiner, the budget approved and implemented by…
Social Science Research Network
Two Questions for Law Schools About the Future Boundaries of the Legal Profession
From Elizabth Chambliss' NYLS Legal Studies Research Paper: A better strategy is to focus on lowering the cost of the unified J.D. degree,…
Case Western Reserve Law Review
The Role of the Avoidance Canon in the Roberts Court and the Implications of Its Inconsistent Application in the Court’s Decisions
[FN1]. See, e.g., Hans Bader, Free Enterprise Fund v. PCAOB:…
Case Western Reserve Law Review
Higher Education Bubble Update
From Glenn Reynolds’ Instapundit: HIGHER EDUCATION BUBBLE UPDATE: Are We Subsidizing Student Debt Too Generously? “Why am I subsidizing student loans for Harvard…
Cato
Obamacare’s Constitutional Defects, First Amendment Division
From Ilya Shapiro's post on Cato@Liberty: As the Competitive Enterprise Institute’s Hans Bader put it: Obama’s HHS secretary sought to gag…
Cato
Medical Roundup
From Overlawyered: Forcing companies to make politicized disclosures to customers implicates First Amendment [Hans Bader on HHS “must credit…
Cato
‘People’s Rights Amendment’ Would Knock Out People’s Rights
From Overlawyered: Incredibly, versions of this radical rights-stripping measure has been endorsed through resolutions by the state legislatures of…
Cato
From Watergate to Wedgiegate
From Gene Healy’s column in The Washington Examiner: In a 2011 letter to the nation’s school boards, Department of Education Assistant Secretary…
Cato
Education Roundup
From Overlawyered: “Education Department Pushes Racial Quotas in School Discipline” [Hans Bader, CEI]…
Cato
Why You Should Stop Attending Diversity Training
From Suzanne Lucas’ article on CBS News: So why do we continue to do this? Well, for one reason, government or professional organizations…
Cato
Law Schools Begin to Shrink
From Overlawyered: George Leef wonders whether economic necessity will drive them to radical, even Olsonian, lengths. [NRO “Phi Beta Cons”]…
Cato
Are We Subsidizing Student Debt Too Generously?
From Jennifer Rubin’s post on The Washington Post‘s Right Turn blog: I went to two critics of the current craze for federal subsidies…
Cato
Ambulance Chasers Feast on Americans with Disabilities Act Claims
From Point of Law: Hans Bader, senior attorney and counsel for special projects with the Competitive Enterprise Institute, comments on a recent New…
Cato
Ambulance Chasers Feast on Americans with Disabilities Act Claims
From Point of Law: Hans Bader, senior attorney and counsel for special projects with the Competitive Enterprise Institute, comments on…
Cato
“Structuring”: Who Can Get Away With It, and Who Can’t
From Overlawyered: P.S. The Supreme Court, in a majority opinion by Justice Ruth Ginsburg [Ratslaf v. U.S., 1994], admirably “interpreted the ‘willfully’ element…
Cato
The Answer Really Isn’t Blowing in the Wind
From William Sullivan’s column in The American Thinker: In the natural world, 90 billion goes a long way. But as we’ve discovered, a…
Cato
The Times Covers ADA Filing Mills
From Overlawyered: I discuss the piece and its background in a new Cato post (& welcome Glenn Reynolds/Instapundit readers). Hans Bader and…
Cato
On College Campuses, Title IX Transforms Response to Sexual Assault, But Not Without Critics
From an Associated Press article: Hans Bader, an attorney who worked at OCR under the Bush administration, says OCR’s guidelines “stack the deck…
Cato
Higher Education Bubble Update
From Glenn Reynolds’ post on Instapundit: HIGHER EDUCATION BUBBLE UPDATE: Hans Bader: Staggering Law School…
Cato
April 11 Roundup
From Overlawyered: More on how Violence Against Women Act (VAWA) reauthorization would chip away rights of accused [Bader, Heritage,…
Cato
How Will Law Grads Repay Their Loans?
From George Leef’s post in National Review: Hans Bader of the Competitive Enterprise Institute writes here about the high debt levels on average…
Cato
The Ugly Truth About Law Schools
From George Leef’s post in National Review Online: Hans Bader of the Competitive Enterprise Institute blows the whistle on…
Cato
A Small Victory Against the EPA
From Issac Gorodetski’s post on Point of Law: Hans Bader, senior attorney and counsel for special projects with the Competitive Enterprise Institute,…
Cato
March 23 Roundup
From Walter Olsen’s post on Overlawyered: Just what European business needs: gender quotas for corporate boards [Bader, CEI]…
Cato
HHS Deems Rate Hikes Excessive in Nine States
From Michael P. Tremoglie’s article on Legal Newsline: But the issue of the government telling insurers how much premiums should be is a…
Cato
Score One For Freedom, One Against EPA
From Paul Mulshine’s post in The Star Ledger Blogs: You can get a good summation here on the Competitive Enterprise Institute blog.
Cornell University Law School
Sackett v. Environmental Protection Agency
From Justice Samuel Alito's concurring opinion in Sackett v. Environmental Protection Agency: Far from providing clarity and predictability, the agency’s latest informal guidance…
Cornell University Law School
Bell’s Critical Race Theory Promoted in Public Schools
From Kyle Olson’s post on BigGovernment: A radical organization known as the Pacific Educational Group (PEG) is actively promoting Derrick Bell’s Critical Race…
Cornell University Law School
March 20 Roundup
From Walter Olson’s post on Overlawyered: “Lawyer Who Spotted Broker Fraud Rewarded With SEC Ordeal” [Business Week via Bader]…
Cornell University Law School
Bader on the Theodore Urban Case
From Ted Frank’s post on Point of Law: Hans Bader discusses the seemingly incoherent approach of the Department of Justice to prosecuting financial…
Cornell University Law School
What’s Wrong With the Violence Against Women Act
From Wendy Kaminer’s article in The Atlantic: Will Creeley of the Foundation for Individual Rights in Education (FIRE) points out that “prompt and…
Cornell University Law School
Student Loans: America’s Next Debt Bomb
From Glenn Reynolds’ Instapundit: HANS BADER: Student Loans: America’s Next Debt Bomb?…
Cornell University Law School
March 13 Roundup: Boom-Era Property Speculators to Get Foreclosure Aid
From Walter Olsen’s post on Overlawyered: “Are Courts Dragging Out the Housing Crisis?” [Mark Calabria, Cato] “Boom-Era Property Speculators to Get Foreclosure…
Cornell University Law School
Economic Rebound in Doubt as 10 Percent of All US Workers Employed Just ‘Part-Time’
From Gene J. Koprowski’s article in The Daily Caller: “The ‘recovery’ is weak and may sputter,” Hans Bader, a scholar and economics expert…
Cornell University Law School
Higher Education Bubble May Explode in Taxpayers’ Faces
From Glenn Reynolds’ Instapundit: HANS BADER: Higher Education Bubble May Explode in Taxpayers’ Faces. May?…
Cornell University Law School
EU’s Proposed Gender Quotas For Corporate Boards
From Isaac Gorodetski’s post on Point of Law: In recent commentary, senior attorney and counsel for special projects with the Competitive Enterprise Institute,…
Cornell University Law School
An Unintended Consequence
From George Leef’s post on the National Review Online: Thanks to the college-for-everyone mania, we have a shortage of workers capable for doing…
Cornell University Law School
Bennett Hypothesis 2.0
From George Leef’s post on National Review Online: On Minding the Campus today, Peter Wood, Rich Vedder, Hans Bader, Herbert London, and I…
Cornell University Law School
February 17 Roundup
From Walter Olsen’s Overlawyered post: – Mortgage robo-signing settlement not actually as punitive toward the banks as you might think, succeeds in sticking…
Cornell University Law School
Birth Control Mandate ‘Misconceptions’
From Chris Woodward and Charlie Butts’ column on OneNewsNow: An attorney is clearing up what he calls “misconceptions” about the Obama administration’s mandate…
Cornell University Law School
Tyler Clementi Suicide Case
Cornell University Law School
Employment Law Roundup: Retaliation Charges Pose Growing Threat to Free Speech
Cornell University Law School
Retired Justice Stevens Favors Some Discrimination
Cornell University Law School
Daily Scoreboard
Cornell University Law School
Gingrich, Romney Push High Tech Job Creation as U.S. Lead Slips
Cornell University Law School