We live in a digital economy powered by data and algorithms, and two federal courts have found Google monopolizing fundamental digital markets. These courts now face a rare opportunity: to remedy Google’s monopolization conduct, and to shape the rules of fair competition in data-driven markets—including those underpinning artificial intelligence (AI). Last week, one of these […]
As this blog has observed, SEC v. Jarkesy is as much about Article III as it is about the Seventh Amendment. The Supreme Court there confirmed that if a case concerns private rights, a respondent is presumptively entitled to an Article III court. An agency may not funnel a civil prosecution through in-house administrative proceedings […]
The Supreme Court’s grant of the government’s application for a stay in Noem v. Vasquez Perdomo drew attention for both its short-term outcome—namely, greenlighting sweeping racial-profiling detentions in Los Angeles by armed and masked DHS agents—and its jarring illustration of shadow-docket fiat. It is hard to parse because there is nothing to parse; in lieu […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Private Finance and Public Power by Peter Conti-Brown and Sean Vanatta offers the comprehensive account of how financial regulation intersects at the frontlines with […]
A few months ago, Dr. Benjamin Jensen, director of the Futures Lab and a senior fellow for the Defense and Security Department at the Center for Strategic and International Studies, testified before Congress that the nation that leads in AI will shape the future. Nothing has changed in the interim. What remains uncertain, however, is […]
Advertising and pricing technologies over time have been converging – enabling real-time price changes powered by billions of granular data points. This creates a powerful incentive among companies to optimize profit at the individual level. As firms race to outdo one another, firms will compete to become more opaque, faster, and harder for consumers to […]
Last week, the D.C. Circuit’s motions docket stayed busy with another removal case, this time related to the President’s attempt to remove “for cause” Lisa Cook from her position as a member of the Federal Reserve’s Board of Governors. The district court preliminarily enjoined Cook’s removal after finding that she is likely to succeed on […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Private Finance, Public Power, by Peter Conti-Brown and Sean Vanatta, is a contribution to the history of the administrative state, in addition to the […]
As technology advances, each new development often builds on what came before. The growing flood of data from connected devices has opened new opportunities for companies to target people with increasing precision. Over the past century, advertising and pricing have followed this trajectory, moving through four distinct phases: from broad, mass-market strategies to today’s highly […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The goal of scholarship in law, in economics, or in general should be to expand our understanding of the world. Peter Conti-Brown and Sean […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America is ambitious in its temporal sweep, extending from […]
Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The Constitution […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Reading Peter Conti-Brown and Sean Vanatta’s rich history of banking supervision in the U.S., I was prompted to ask myself whether there is a […]
Two cases in the D.C. Circuit last week continue the drama created by the Trump Administration’s muscular and maximalist views of Executive power. Another was less dramatic. Shira Perlmutter began serving as Register of Copyrights and Director of the U.S. Copyright Office, a position housed within the Library of Congress and appointed and supervised by […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown’s and Sean Vanatta’s excellent history of bank supervision, Private Finance, Public Power, arrives at a crucial moment. Supervisory discretion is facing an […]