May 19 2025 Topics Constitution • Criminal Law & Procedure Blog Post Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts Luke Cass, Joe D. Whitley, Chukwukpee Nzegwu Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
May 9 2025 Topics Civil Rights • Religious Liberty • State Courts Blog Post Using Public Accommodations Laws to Protect Religious Groups From Private Cancellation Mathew Walter Hoffmann A pioneering case charts how religious groups can harness the power of public accommodations laws...
May 8 2025 Topics Corporations, Securities & Antitrust • Founding Era & History • Jurisprudence Blog Post Big Tech and the Conservative Paradox Craig Parshall Last month may well be remembered as Big Tech’s Antitrust April. On Monday, April 14,...
Mar 18 2025 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust Blog Post Will Gail Slater Bring Fairness Back to the Antitrust Division? Jonathan B. Koch “Ensure the law is enforced both vigorously and fairly, with clear rules.” That’s how Gail...
Feb 26 2025 Publication Federalist Society Review Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible? R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Feb 3 2025 Topics Intellectual Property • State Governments Blog Post AI Guardrails Will Shape Society. Here’s How They Work. John Blanton Farmer You will be hearing a lot about AI guardrails. There will be intense political battles...
Jan 29 2025 Topics Intellectual Property • Supreme Court Blog Post Why Weak Intellectual Property Rights Threaten Innovation and Competition Jonathan Barnett Over the past two decades, a largely overlooked revolution in intellectual property law has taken...
Jan 7 2025 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Financial Services Blog Post Will Consumer Protection Without The Consumer Welfare Standard Stand? Jeff Stier Give the Biden Administration credit. In its final months, it has led a blitz of...
Nov 8 2024 Topics Article I Initiative • Intellectual Property • Litigation Blog Post To Promote Smaller Innovators, We May Need Reforms to the PTAB Joel Thayer Almost every civilization since the Renaissance has sought to incentivize individuals to invent technologies that...
Oct 25 2024 Topics Corporations, Securities & Antitrust • Law & Economics • Litigation Blog Post United States v. Apple: A Triumph of Politics Over Economic Analysis Lawrence J. Spiwak The Department of Justice’s recent antitrust suit against Apple has garnered significant attention, but a...
Topics
Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts
Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
Topics
Using Public Accommodations Laws to Protect Religious Groups From Private Cancellation
A pioneering case charts how religious groups can harness the power of public accommodations laws...
Topics
Big Tech and the Conservative Paradox
Last month may well be remembered as Big Tech’s Antitrust April. On Monday, April 14,...
Topics
Will Gail Slater Bring Fairness Back to the Antitrust Division?
“Ensure the law is enforced both vigorously and fairly, with clear rules.” That’s how Gail...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Topics
AI Guardrails Will Shape Society. Here’s How They Work.
You will be hearing a lot about AI guardrails. There will be intense political battles...
Topics
Why Weak Intellectual Property Rights Threaten Innovation and Competition
Over the past two decades, a largely overlooked revolution in intellectual property law has taken...
Topics
Will Consumer Protection Without The Consumer Welfare Standard Stand?
Give the Biden Administration credit. In its final months, it has led a blitz of...
Topics
To Promote Smaller Innovators, We May Need Reforms to the PTAB
Almost every civilization since the Renaissance has sought to incentivize individuals to invent technologies that...
Topics
United States v. Apple: A Triumph of Politics Over Economic Analysis
The Department of Justice’s recent antitrust suit against Apple has garnered significant attention, but a...