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Amex And Post-Cartesian Antitrust, Gus Hurwitz
Amex And Post-Cartesian Antitrust, Gus Hurwitz
Articles
The Supreme Court’s 2018 opinion in American Express v. Ohio is among the most important – and divisive – antitrust opinions in the modern era of antitrust law. The simplest statement of Justice Thomas’s opinion for the majority is that it saw a 5 Justice majority of the Court fully embrace the relatively new economic understanding of two-sided markets. Supporters of the majority opinion almost uniformly view it as an obviously-correct application of important and generally-accepted recent development in economic theory. Those more amenable to Justice Breyer’s dissenting opinion do not necessarily reject the theory of two-sided markets but instead …
Madison And Shannon On Social Media, Gus Hurwitz
Madison And Shannon On Social Media, Gus Hurwitz
Articles
The Internet has changed speech, and our traditional understandings of speech regulation are struggling to adapt. This article argues that the Internet has tipped the quantity of information that individuals are exposed to beyond the point which they are able to meaningfully process. This article draws from a range of fields— from Information Theory, to cognitive psychology, to informatics—to provide both empirical and theoretical support for the idea that there is a limit to how much information individuals can meaningfully process and that we have surpassed that limit. This argument poses a direct challenge to bedrock First Amendment concepts such …
Medical Legal Partnerships And Child Welfare: An Opportunity For Intervention And Reform, Kara R. Finck
Medical Legal Partnerships And Child Welfare: An Opportunity For Intervention And Reform, Kara R. Finck
Articles
No abstract provided.
Response To Mcgeveran’S The Duty Of Data Security: Not The Objective Duty He Wants, Maybe The Subjective Duty We Need, Gus Hurwitz
Response To Mcgeveran’S The Duty Of Data Security: Not The Objective Duty He Wants, Maybe The Subjective Duty We Need, Gus Hurwitz
Articles
No abstract provided.
Chevron's Political Domain: W(H)Ither Step Three, Gus Hurwitz
Chevron's Political Domain: W(H)Ither Step Three, Gus Hurwitz
Articles
This essay takes prior work on Chevron in a new direction, arguing that broad deference doctrines have the largely unrecognized but particularly pernicious effect of increasing the politicization of the legislative process. Not only do Chevron and related deference doctrines affect how legislators go about the business of the Congress, but they change legislators’ understanding of what the business of Congress is. Untethered from the need to actively govern agencies that have been delegated sufficiently broad authority to keep the basic ship of state afloat, legislators refocus their attention on maintaining power for themselves and their political party. In this …
Speech, Intent, And The President, Katherine Shaw
Speech, Intent, And The President, Katherine Shaw
Articles
Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law — from equal protection and due process to the first amendment’s free exercise and establishment clauses, from the eighth amendment to the dormant commerce clause, and in statutory interpretation and administrative law cases across a range of domains — assessments of the intent of government actors are ubiquitous in our law. But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative …