Author Archives: Peter Conti-Brown

The Logic of Institutional Change: A Comment on Halabi’s Intellectual Property and the New International Economic Order

by Peter Conti-Brown — Monday, Oct. 1, 2018

Don’t let the title deceive you: this is not simply a book about international intellectual property law (though it is obviously at least that). Sam’s rich account of the asymmetries in international intellectual property protections and the ways that poorer countries fight back bears on a cross-disciplinary conversation in institutional change that is worth highlighting, […]

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Trump vs. the Fed: what legal recourse?

by Peter Conti-Brown — Tuesday, Aug. 21, 2018

In the summer of 2016, I wrote in Fortune that then-candidate Trump was “the single-biggest challenge to [Fed independence] in recent memory,” and that his challenge was transparent: “this wolf comes as a wolf,” I wrote, invoking Justice Scalia. The reason is simple: Trump cannot abide separate centers of power, and he relishes tearing down […]

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Judicial exceptionalism and its corrosive effects

by Peter Conti-Brown — Friday, Dec. 22, 2017

I almost never read the comments on these posts–that’s rule number 1 for anyone active in internet life–but saw an alert to approve/disapprove a comment on my last post. It was from an anonymous litigator in the 9th Circuit, but it’s very good and worthy of considering what we do when we fetishize and worship […]

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The CFPB is now a part of the White House. That’s illegal.

by Peter Conti-Brown — Thursday, Dec. 21, 2017

Agency independence is a funny thing. Its existential legitimacy is the subject of a searing debate. The Harvard Law Review solicited an essay from Gillian Metzger that dives into the nature of administrative separation and independence (including with a reply essay from our own Aaron Nielson). And the en banc DC Circuit is currently reviewing […]

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Ideology and Expertise: Reflecting on Stephen F. Williams’s Maklakov

by Peter Conti-Brown — Tuesday, Nov. 28, 2017

Although our active blogging on the CFPB debacle now makes last week seem like ancient history, we had a historic occasion to host Judge Stephen F. Williams as a guest blogger. (Here is my introduction; here is Sam Halabi’s review of Judge Williams’s book; and his posts are here, here, and here.) I hope our […]