Oct

20

Ombuds Perspective on Whistleblowing Laws

Posted by: | October 20, 2011 | 2 Comments

Last week, we had wonderful talk entitled Blowing the Whistle on Whistleblowing Laws.  Attorney Charles L. (Chuck) Howard is one of the few attorneys in the U.S. with extensive expertise in the legal issues of ombudsmen. Howard has a national practice in representing organizational ombudsmen at universities, multinational corporations, and research institutions.  His new book, entitled The Organizational Ombudsman: Origins, Roles [...]

Print Friendly

Sep

6

You Are Not Leaving on a Jet Plane–Not Dressed Like That

Posted by: | September 6, 2011 | 6 Comments

On September 1, Green Day’s frontman Billie Joe Armstrong was removed from a Southwest Airlines flight because his pants were too saggy.  Two months ago a football player from the University of New Mexico was also removed from a flight, this time by US Airways.  With these events taking place in relatively rapid succession, the [...]

Print Friendly

Jul

20

Combatting Gray Markets: A Copyright-Protected Distribution Right or a Sherman Act Violation?

Posted by: | July 20, 2011 | 3 Comments

At one time, the prospect of stating legal claims against gray market importers looked bleak.  Product manufacturers tried trademark protection, but trademark law proved disappointingly unsuccessful.  One company has now turned to copyright protection, and this company obtained a Ninth Circuit decision that found a store using a gray market importation scheme unable to raise a defense [...]

Print Friendly

Jul

9

Measuring the McCarran-Ferguson Act’s Antitrust Immunity

Posted by: | July 9, 2011 | Leave a Comment

That insurance regulation rests primarily with the fifty states has become axiomatic and even cliché.  Around the country are operational state insurance commissions, and for much of the twentieth century, the federal government has let these agencies be.  The Employee Retirement Income Security Act’s (ERISA) sweeping preemptive force is cabined by a savings statute that allows [...]

Print Friendly

Mar

28

If the Law Says That . . .

Posted by: | March 28, 2011 | 2 Comments

This is the second post in an occasional series entitled “Law Gone Wrong.”  The editors of the Faculty Blog invited Law School faculty to share their thoughts on misguided statutes, disastrous judicial decisions, and other examples where the law has gone wrong (and needs to be nudged back on course).  Today’s contribution is from Professor Jack [...]

Print Friendly

Mar

7

Looking Ahead on the Dodd-Frank Consumer Protection Path

Posted by: | March 7, 2011 | Leave a Comment

The passage last year of a new federal law covering lending and credit transactions for consumers will provide stronger protection, but questions about how it will be enforced and what it will actually mean are just beginning to be answered. That was the overall theme of the 2011 Public Service Conference held at Eckstein Hall. [...]

Print Friendly

Nov

21

Best of the Blogs: Inequality Edition

Posted by: | November 21, 2010 | 1 Comment

Hey, law students and profs, it’s time for you to fear the ‘fro.  Pistons center Ben Wallace reportedly plans to attend law school after he retires from the NBA.  At Above the Law, Elie Mystal comments on Wallace’s prospects as a law student, comparing his advantages and disadvantages relative to his classmates.  For instance: GRADES: Would [...]

Print Friendly

Nov

1

The IRS’s Hollow Victory in Crane v. Commissioner, 331 U.S. 1 (1947)

Posted by: | November 1, 2010 | Leave a Comment

[Editors' note: This is the fourth in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first three installments are here, here, and here.] There are many important Supreme Court tax cases.  However, few are identifiable just by reference to a footnote number.  Tax scholars and [...]

Print Friendly

Oct

29

American Needle, Inc. v. National Football League: Surprise! The Supreme Court Upholds an Existing Antitrust Doctrine*

Posted by: | October 29, 2010 | Leave a Comment

[Editors' note: This is the second in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first installment is here. In this post, Prof. Waxman focuses on an important Supreme Court case from the last term.] Last spring in American Needle, Inc. v. National Football League, [...]

Print Friendly

Oct

25

Best of the Blogs: One Lump or Two?

Posted by: | October 25, 2010 | Leave a Comment

November 2 is fast approaching, and the nation is awaiting the election results to see whether the Tea Party Movement will be revealed to be a force in American politics or an over-hyped media sensation.  This week’s “Best of the Blogs” feature provides everything a political junkie needs to learn more about the Tea Party Movement. The [...]

Print Friendly

Oct

4

Tea Party Economics

Posted by: | October 4, 2010 | 9 Comments

Readers of this Blog know that I have a longstanding interest in the debate over the scope of the federal government’s power to regulate the economy under the Constitution.  I am also inclined to take the Tea Party Movement seriously as a political phenomenon rather than writing them off as a group of buffoons or [...]

Print Friendly

Sep

19

Will Financial Regulation Make Us Safe? (Part III)

Posted by: | September 19, 2010 | 1 Comment

This is the third post on the topic.  As promised, I will attempt to address whether the currently proposed regulatory overhaul can help mitigate against the risk of excessive risk-taking and speculative behavior.  That is, can the prevention of “too big to fail,” increased capital ratios among large banks, and the 2,315-pages of financial regulatory [...]

Print Friendly

keep looking »