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Second Circuit Rejects Preemption Challenge to New York’s Broadband Rate Regulation
On April 26, the U.S. Court of Appeals for the Second Circuit issued its decision...
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The FTC’s Weak Case Against Amazon
Late last year, the Federal Trade Commission (FTC), joined by seventeen state attorneys general, filed...
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Noncompetes, Overtime, and the Status Quo: How Agency Rulemaking Distorts Federal Policy and Why Only Courts Can Fix It
Last week was a busy one for the Biden administration. It issued a raft of...
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When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets?
Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
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Whither Expertise? The Decline and Fall of Nonpartisan Policy at the National Labor Relations Board
Last week, the National Labor Relations Board decided Chemtrade West US LLC, a case about...
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Text Education in Muldrow v. St. Louis: The Supreme Court Just Made Title VII Cases Easier for Plaintiffs to Win
The Supreme Court just lowered the bar for litigants alleging workplace discrimination. But let’s not...
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Torchbearer of the Republic: James Madison’s Fights for Freedom and the Constitution.
This post originally appeared at the Pacific Legal Foundation. James Madison is remembered as the...
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The Bayh-Dole Act and the Debate Over “Reasonable Price” March-In Rights
In 1980, Congress passed the bipartisan Patent and Trademark Law Amendments Act—better known as the...
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Congress Explores AI and Copyright Law
Interest in artificial intelligence (AI) has surged in the 118th Congress. There have been several hearings...
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Call for Papers on “The Future of Law in an AI World”
The Federalist Society is proud to issue a call for papers on “The Future of...