Amazon is moving to recuse Federal Trade Commission (FTC) Chair Lina Khan from any antitrust investigation, adjudication, litigation, or other proceedings related to Amazon. The notion is that Chair Khan has made up her mind, according to Amazon’s motion: Chair Khan has made numerous and highly detailed public pronouncements regarding Amazon, including on market definition, [...]
“Scholars build the structure of peace in the world.” Babylonian Talmud; Order Zera’im, Tractate Berakoth, IX Background of the Problem Back in the late 1960s, at Yale Law School and Princeton University’s Department of Politics, a series of joint-programs was developed under the heading of World Order Studies. This advanced academic series focused upon the [...]
Introduction Recently, it has been reported that increasing numbers of people are dying because of heat waves and that climate change is making the phenomenon ‘longer, hotter, more likely and more dangerous’. Another report bluntly points out that the climate crisis can only create two classes: ‘those who can flee, and those who cannot’. It [...]
Court packing, an idea that seemed forever discredited for 80 years after President Franklin Roosevelt’s notorious plan went down in flames in 1937, is back on the table. President Biden has appointed a commission to study the possibility of increasing the number of U.S. Supreme Court Justices, a response to calls from various Democrats to [...]
I am a Democrat and a strong admirer and supporter of President Biden. I think his administration and the Democratic leadership in Congress have achieved some striking successes so far. But my deeper loyalty, as a citizen and scholar, is to the constitutional system that has made America a great national experiment for almost 250 [...]
Essence, Existence and the Moaning of the Bar: In Memory of Judge James Crawford The passing of one of the undisputable greats of international law, Judge (Professor) James Richard Crawford (1948 – 2021) who embodied a towering intellectual rigour with great good humour, generosity and warmth is a momentous loss to the world of international [...]
Climate change is recognized as “the common concern of humanity.” On June 28, 2021, the European Council enacted a climate change law to reduce greenhouse gases emissions by 55% by 2030 – from 1990 levels – and to accomplish a net zero-emissions economy by 2050. Despite the legal enshrinement of net-zero and emission targets, the [...]
The Affordable Care Act (popularly known as Obamacare) may be the Supreme Court equivalent of the cat with nine lives. Or at least four. Starting with its decision in NFIB v. Sebelius, 567 U.S. 519 (2012), the Supreme Court has now turned aside three distinct lines of attack on the Act’s controversial “individual mandate” (which [...]
In the New York Times on May 20, 2021, there was a story about a government program to pay off early loans to black farmers, to compensate for past oppressive lending practices. Bankers were criticizing the program because early payoffs hurt bank profits. Some white farmers sued and won a TRO, the court finding that “Plaintiffs [...]
Friday, June 7, 1776, was anything but quiet. Resolutions respecting American independence were introduced in the Continental Congress. One resolution came from Richard Henry Lee of Virginia. Mr. Lee’s resolution read: Resolved, that these United Colonies, are, and of right ought to be free, and independent States, that they are, absolved for all allegiance to [...]
