Tag Archives: FTC

North Carolina Board: Much Ado About Nothing, by Joseph M. Sanderson

by Guest Blogger — Wednesday, Mar. 4, 2015

For all the sound and fury from federalism scholars over the Supreme Court’s recent decision in FTC v. North Carolina Board of Dental Examiners, one might have thought that the Supreme Court had sounded the death knell for states’ ability to protect favored industries from market competition. But while North Carolina must now actively supervise […]

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The Court Ignores the Six Sides of Federalism in North Carolina Board of Dental Examiners, by Jim Saywell

by Guest Blogger — Monday, Mar. 2, 2015

[CJW Note: My coauthor Jim Saywell, who is now clerking for Judge McKeague on the Sixth Circuit and will be clerking for Judge Sutton next year, previously published a terrific short essay on this case (available here). Now that the Court has decided the case against Jim’s position, I invited him to pen this short follow-up.] The Supreme Court last […]

Tales of Changing Technology and Jurisdiction from the FTC, FCC, and EPA

by Gus Hurwitz — Saturday, Jan. 3, 2015

Last month Professor Tribe filed comments with the EPA and wrote in the Wall Street Journal to argue that the EPA’s new Clean Power Plan rules are unconstitutional. I would like to expand upon and generalize his concerns. The basic issue – that the agency is asserting newfound and broad regulatory power based on general […]