Burden-shifting provisions that would require a company to prove it is not a monopoly would signify a return to the highly interventionist pre-1970s antitrust jurisprudence. Furthermore, many argue that shifting the burden to the defendant offends our sense of due process and fairness, and would diminish the role of the federal judiciary.
Today the Supreme Court hears oral argument in Van Buren v. United States, which presents the Court with its first opportunity to interpret the Computer Fraud and Abuse Act (CFAA), a 1986 federal statute that punishes unauthorized access of computers. The Committee for Justice filed an amicus brief with the Court in support of Nathan Van Buren, a police officer who was charged with a felony under the CFAA for obtaining a license plate number for personal reasons from a law enforcement database he was otherwise authorized to use.
Our panel of experts discuss antitrust federalism, the complexities of state enforcement actions, and how state antitrust law can differ from federal law (and why that’s potentially a problem). We also delve into the current investigations as well as one of the last major multi-state antitrust actions, Ohio v. American Express.
On October 7th, the Supreme Court heard oral arguments in Google v. Oracle, as the two companies battle over the copyrightability of software in what will be the biggest copyright case in several decades. The Court’s ruling in Google v. Oracle is expected to set the standard for how thoroughly computer code is protected by copyright. In this virtual panel, legal experts weigh in on the case and discuss any insights from oral argument.
The Senate Judiciary Committee just approved Judge Barrett's nomination to the Supreme Court and a confirmation vote on the Senate floor is expected next week. So it's a great time to look back on how this confirmation process is going, how it compares to previous Supreme Court nomination fights, and what we can expect to happen on the Senate floor. Our panel of legal experts will also discuss Democrats' court packing threats and the implications of this confirmation battle for the presidential and Senate elections.
Following the death of Justice Ruth Bader Ginsburg, the Constitution charges President Donald Trump with the responsibility of nominating her successor, and the Senate with giving their advice and consent. If Republicans are successful at appointing a reliably conservative nominee to fill the vacancy left by Justice Ginsburg, it will be the first solid conservative majority on the court since the 1930s. The stakes are particularly high, the political climate is at its worst, and there are a lot of lingering questions. And unlike Trump, Biden has refused to produce a list of potential nominees. So what kind of judicial nominees will we see in a Biden Administration? And will Democrats attempt to pack the Supreme Court if they control Congres...
Today, the Committee for Justice provided a statement for inclusion in the record of the Subcommittee’s September 15th hearing, “Stacking the Tech: Has Google Harmed Competition in Online Advertising?” The letter was submitted by a group of legal experts, economists, and consumer and taxpayer advocates who believe in the importance of promoting competitive markets and defending the rule of law.
As businesses and schools open after months of state-imposed lockdowns, the COVID-19 relief bill in Congress contains a proposal to provide a liability shield to institutions who follow federal guidelines but still find themselves the target of lawsuits. Meanwhile, state legislatures are considering separate proposals. Our panel of experts discuss the post-COVID-19 litigation landscape, the feasibility of liability shields, and what they could mean for businesses, entrepreneurs, school administrators, and consumers who are easing back into life as the nation recovers from the economic slow-down.
Judicial appointments promise to be a key issue in this fall's presidential and Senate elections. Our panel of legal experts will examine the likely impact of a Trump or Biden victory, as well as control of the Senate, on the Supreme Court and lower federal courts. They will look at hsow the judges isue will impact the election. They'll discuss what President Trump's record of judicial appointments tells us about a second term. Similarly, what do Joe Biden's and Kamala Harris's records tell us about the kind of judicial nominees we'd see in a Biden Administration? And will Democrats attempt to pack the Supreme Court if they control Congress and the presidency?