The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “randolph may”

Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)

The American concept of “the rule of law” (see here) is embodied in the Due Process Clause of the Fifth Amendment to the U.S. Constitution, and in the constitutional principles of separation of powers, an independent judiciary, a government under law, and equality of all before the law (see here).  It holds that the executive ... Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)

Can the FTC Use Rulemaking to Change Antitrust Law?

FTC Rulemaking Power In 2021, President Joe Biden appointed a prolific young scholar, Lina Khan, to chair the Federal Trade Commission (FTC). Khan strongly dislikes almost every element of antitrust law. She has stated her intention to use notice and comment rulemaking to change antitrust law in many ways. She was unable to begin this process ... Can the FTC Use Rulemaking to Change Antitrust Law?

Wall Street and Vine in the WSJ

Today’s WSJ covers Hollywood’s treatment of business.  And so, of course, they went to the Source (link added): Hollywood has been famously left-leaning for decades, even as it teemed with shrewd business operators. Larry Ribstein, a professor of law at the University of Illinois who wrote a paper called “Wall Street and Vine” about the ... Wall Street and Vine in the WSJ

The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?

In less than two and a half years, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) have undone more than two decades of work aimed at moving global competition law toward an economics-friendly consumer welfare standard. In tandem with foreign competition authorities, the U.S. antitrust agencies are now cooperating in an effort to ... The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?