Afterword to Intellectual Property and the New International Economic Order Symposium (Part II)

by Sam Halabi — Tuesday, Oct. 16, 2018

With this post, I continue my engagement with symposium contributors Professors Pojanowski, Walker, Osei-Tutu, and Judd and repeat my thanks for the time and care they took in reviewing the monograph.  This is the second of three posts intending to address the criticisms and suggestions made during the symposium. IV. Jeff Pojanowski provides a superb […]

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Grammar Teachers at the Supreme Court, by Jamie Durling

by Guest Blogger — Tuesday, Oct. 16, 2018

Many commentators, including a former law clerk, have described Justice Gorsuch as a devoted grammarian. In his first Supreme Court opinion, for instance, Justice Gorsuch dismissed one party’s argument by writing that its interpretation “doesn’t follow even as a matter of good grammar, let alone ordinary meaning.” Henson v. Santander Consumer USA Inc., 137 S. […]

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Call for Papers: Empirical Legal Studies Replication Conference, Deadline October 31, 2018

by Chris Walker — Monday, Oct. 15, 2018@chris_j_walker

From the Claremont McKenna College website [CJW Note: As I detailed last week, the first annual conference included a fascinating replication of the seminal Eskridge/Baer study of Chevron deference at the Supreme Court.]: Claremont McKenna College’s Program on Empirical Legal Studies (PELS) is pleased to announce the second annual Empirical Legal Studies Replication Conference to be […]

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Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison

by Guest Blogger — Monday, Oct. 15, 2018

It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]

Afterword to Intellectual Property and the New International Economic Order Symposium (Part I)

by Sam Halabi — Monday, Oct. 15, 2018

Let me begin by thanking both regular and special contributors to this symposium as well as extending an even heartier thanks to Patricia Judd, Rachel Kogan and particularly Chris Walker for the time and energy they dedicated to introducing and organizing it.  The richness and care with which the essays were drafted demonstrate, I hope, […]

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D.C. Circuit Review – Reviewed: A Dog’s Breakfast

by Aaron Nielson — Friday, Oct. 12, 2018@Aaron_L_Nielson

About ten years ago, I came across a phrase I had never heard before: dog’s breakfast. It was in a dissent penned by Chief Justice Roberts. Here is the passage: When the state courts considered these cases, our precedents did not provide them with “clearly established” law, but instead a dog’s breakfast of divided, conflicting, […]

Some Thoughts from Jim Tozzi on the 50th Anniversary of Centralized Regulatory Review

by Chris Walker — Wednesday, Oct. 10, 2018@chris_j_walker

Over at the Center for Regulatory Reform, Jim Tozzi (who was in charge of OIRA in the early 1980s) has the following thoughts on the fiftieth anniversary of centralized regulatory review: Calendar Year 2019 marks the fiftieth year since Professor Alan Schmid on leave to a position in the Pentagon declared that benefit-cost analysis should […]

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Oh SNAP!: The Battle Over “Food Stamp” Redemption Data That May Radically Reshape FOIA Exemption 4 (Part III-B)

by Bernard Bell — Wednesday, Oct. 10, 2018

This post is the concluding portion of Part III on my series on Food Marketing Institute v. Argus Leader Media.  In this post I argued that even if the Supreme Court remains unconvinced by a formal reenactment or acquiescence argument, like that outlined in Part III-A, the Court should hesitate before upending uniform court of […]

The NIEO 2.0?, by Susan K. Sell

by Guest Blogger — Tuesday, Oct. 9, 2018

Sam Halabi’s Intellectual Property and the New International Economic Order offers an original take on seemingly disparate efforts by developing countries to push back against overly strong intellectual property rules and the oligopoly power of intellectual property-intensive firms. He revisits the 1970s and 1980s debates over a New International Economic Order (NIEO) that reflected keen […]

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The Takings Clause, the Tucker Act, and Knick v. Township of Scott, by Aditya Bamzai & David N. Goldman

by Guest Blogger — Tuesday, Oct. 9, 2018

Last week, the Supreme Court heard oral argument in Knick v. Township of Scott, a case that presents the question whether “the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, requiring property owners to exhaust state court remedies to ripen federal takings claims.” At issue in Knick is the […]