Category Archives: Legal Theory

Presidential Overreach and Supposedly Excessive Spending

by Neil H. Buchanan Will Donald Trump induce his pliant congressional Republican allies to turn him into even more of an autocrat?  Last week, I discussed reports that Trump is channeling his inner Nixon once again, this time trying to impound funds from the most recent spending bill.  Essentially, Trump wants to be able to cancel items in that bill, even though he signed it, because he did not like all aspects of the new law.I will summarize the mechanism for rescinding funds in a moment, but it is important to note up front that this is probably a dead issue, at least for now.  Politico reported two days after I published my column that "Republicans who helped craft the legislation are in open revolt" against the idea of allowing Trump to cancel some of its provisions.  Even so, we should remember that all bad ideas seem to come back from the dead in the Trump era.  To take but one example, his absurd border wall simply will not die.Whether….. To continue reading this legal news please click Read full information...

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Have We Reached Peak Liberalism? | Power Line

This comes to mind with the observation that just when you think liberals can’t get any more out of touch or ridiculous, they step up with something fresh and even more ridiculous. By now perhaps you’ve heard about the New Yorker article bemoaning that Chick-fil-A is opening restaurants in New York City: via www.powerlineblog.com.. To continue reading this legal news please click Read full information...

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College hosts no-whites-allowed pool party – The College Fix

A private college in California will be hosting a pool party later today at which white people will be excluded, with only “people who identify as POC” permitted to attend. via www.thecollegefix.com First, this is Scripps College, which is totally leftist these days, even though it's cheek by jowl with Claremont. Second, you wouldn't really want to go anyway. It's a private school. Let them be racist toads if that's their thang... To continue reading this legal news please click Read full information...

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South Carolina is First State to Pass Law Defining Anti-Semitism, Countering On Campus Hate | The Tower

In a statement hailing the passage of the law, the Louis D. Brandeis Center credited South Carolina with being the first state to pass a law “that will help tackle the rising anti-Semitism plaguing U.S. college campuses.” via www.thetower.org.. To continue reading this legal news please click Read full information...

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Hylton on Oligopoly Pricing & Posner

Keith N. Hylton (Boston University – School of Law) has posted Oligopoly Pricing and Richard Posner (Forthcoming, Symposium on Posner's Antitrust Contributions, Antitrust Source, 2018) on SSRN.  Here is the abstract: Over a span of nearly 50 years Richard Posner’s voice has loomed large over the subject of oligopoly pricing and antitrust. The span begins in 1969 with Posner’s publication of “Oligopoly and the Antitrust Laws: A Suggested Approach,” which argues for more aggressive enforcement of Section 1 in cases involving circumstantial evidence of conspiracy. The span ends with Posner’s opinion in In re Text Messaging Antitrust Litigation, in 2015. The two writings, the first an academic article published early in Posner’s career and the second a judicial opinion published near the end of his time on the bench, suggest very different approaches to the enforcement of Section 1 in oligopoly pricing cases. In Part II, I….. To continue reading this legal news please click Read full information...

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