Supreme Court

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. So long...

What Is Next for Section 230 Reform?

Section 230 has faced scrutiny from President Donald Trump, the FCC, Supreme Court Justice Clarence Thomas, the US Congress, and even President-elect Joe Biden,...

Election Timetabling Is Not the Role of Judges

As wrong as it is that the Wisconsin elections were held under patently unsafe conditions, it is not the place of the courts to...

The States Must Appeal the Decision to Allow the Sprint/T-Mobile Deal

A close review of the court ruling that approved the $26 billion mega-merger reveals a number of mistakes in Judge Victor Marrero’s reasoning, which...

How the Supreme Court Is Rebranding Corruption

In thirteen years of hostile decisions, the Roberts Supreme Court has done all it can to legalize corruption. With the Bridgegate case, it gets...

Editors’ Briefing: This Week in Political Economy (October 1-7)

Brazil's business community rallies around far-right authoritarian; Associate Justice Brett Kavanaugh enters the Supreme Court; Amazon raises its minimum wage to $15 an hour;...

Editors’ Briefing: This Week in Political Economy (September 22–29)

Facebook’s bad week included a new security breach, high-profile resignations and damaging exposés; tech giants are spending billions on physical infrastructure and lobbying for...

How Might A Justice Kavanaugh Impact Antitrust Jurisprudence?

Throughout his judicial career, the US president’s latest nominee to the Supreme Court, Brett Kavanaugh, has written three antitrust opinions. Here, Stephen Calkins of...

Ohio v. Amex, Supply Chain Fairness, and the Inadequacy of Antitrust’s Consumer Welfare Standard

SCOTUS Forum. The University of Kentucky's Ramsi Woodcock argues that the problem with the Ohio v. Amex ruling is not that the Supreme Court got the outcome...

Editors’ Briefing: This Week in Political Economy (June 23–30)

The Supreme Court's Ohio v. American Express has few admirers; the financial disclosure of the new director of the FTC's Bureau of Consumer Protection reveals a...

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