Supreme Court

Corporations Are Not “We the People”

The Citizens United ruling contradicts the Founders, decades of Supreme Court precedent and the will of the American people.

What Citizens United Did Not Predict and Why It’s Time To Reconsider

Citizens United v. FEC stands in the public eye as the U.S. Supreme Court case that flooded U.S. elections with “dark money”...

The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers

Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the...

Chart of the Week: Both Democrat- and Republican-Nominated Supreme Court Justices Increasingly Ruled Against Antitrust Enforcement

With the upcoming vote to confirm new Supreme Court Justice nominee Ketanji Brown Jackson, this week’s chart highlights a new dataset compiled...

Big Tech’s Tightening Grip On Internet Speech

Social media platforms have so transformed American life that many now view online speech as a right of citizenship—a right to be...

What does NCAA v. Alston Tell Us About Antitrust and Labor Markets?

The Supreme Court's recent ruling against the NCAA and in favor of student-athletes may seem narrow or trivial, but the Court's acknowledgement...

States Beat NCAA, Feds in Race Towards Student-Athlete Pay

For decades, NCAA amateurism regulations limited student-athlete benefits to scholarships and related stipends, even as revenues soared into the billion dollar range....

Revisiting Ohio vs. American Express: It’s Time for a More Nuanced Approach to Market Definition

Nearly three years ago, the Supreme Court decided the case of Ohio vs. American Express, which turned out to be one of...

Is Corporate Personhood to Blame for Money in Politics?

Just because corporations are “legal persons” doesn’t mean that they should get all of the same rights as human persons. Yet over...

How American Corporations Used Courts and the Constitution to Avoid Government Regulation

Since the early days of the Republic, corporations have turned the Constitution itself into a shield against unwanted regulation of the economy....

LATEST NEWS

International Policymaking Must Evolve

In this Q&A about his new book for ProMarket, Paul Tucker explains the changing global order and the need for academics, policymakers...

Capitalism Does Not Require a Tradeoff Between Planet and Profit

Critics of capitalism claim that the economic system incorrigibly encourages the exploitation of the planet and is thus incompatible with efforts to...

Academic Bias Under the Microscope

That scholarship often reflects conscious and unconscious biases has long been an open secret in academia. On April 22, Professors Christian Leuz,...

Corporations Are Not “We the People”

The Citizens United ruling contradicts the Founders, decades of Supreme Court precedent and the will of the American people.

Too Many Economists Are Using a Flawed Theory To Defend Dominant Platforms’ Self-Preferencing Practices

Congress is currently considering two major bills that would regulate “self-preferencing” and related conduct by dominant digital platforms. Criticism of these bills...