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September 14, 2020

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.

August 7, 2020

The Trump Resistance claims the President is guilty of many crimes, regularly abuses his power, and is a threat to democracy. To bolster their case and support their resistance, the President's critics have invented a new body of "Trump Law," rewriting legal norms, standards and definitions across the legal landscape – spanning impeachment, obstruction of justice, "collusion," executive privilege, management of the executive branch, national injunctions, foreign relations, and more. The Committee for Justice and National Review Institute co-host a panel of legal experts to analyze the many areas of law affected by this effort, discuss the threat it poses to the rule of law, and speculate on the long-term impact.

July 24, 2020

America’s technology companies have created huge gains for consumers, developing networks and products that connect the world in ways that were inconceivable just 20 years ago. Yet this progress has not been without its critics. The dominance of large platforms has led to concerns about the harmful effects of lock-in and path dependency, with many arguing the technology sector is unique and requires new approaches to antitrust policy. In particular, it is argued that the consumer welfare standard that guides American antitrust policy is ineffective for regulating Big Tech. Yet with the lack of demonstrable consumer harm, would increased government interventions improve the market?

July 18, 2020

Please join the Committee for Justice and Innovation Defense Foundation for a discussion of this important issue in advance of the House Judiciary Committee's hearing, "Online Platforms and Market Power, Part 6: Examining the Dominance of Amazon, Apple, Facebook, and Google," with industry CEOs.

July 8, 2020

In Seila Law v. Consumer Financial Protection Bureau, the Supreme Court struck down the CFPB’s leadership structure under a single director that the President cannot remove except for inefficiency, neglect, or malfeasance. But the justices stopped there, leaving the bureau in place, and declined to revisit Humphrey’s Executor more broadly. Nonetheless, the Court’s decision was a victory for separation of powers principles. Our panel of legal and regulatory experts will discuss the implications of the opinion for independent agencies and removal power, as well as what the decision means for consumers.

June 28, 2020

The death of George Floyd and the nation's reaction to it have raised a variety of interesting legal issues, including police reform, racial profiling, qualified immunity, censorship, criminal charges against policemen, and the scope of the president's power to use troops to quell civil unrest. Our panel of legal experts will analyze the legal issues involved and how they are likely to play out in the months ahead, while also discussing the broader implications for the law and our society.

June 24, 2020

The death of George Floyd and the nation's reaction to it have raised a variety of interesting legal issues, including police reform, racial profiling, qualified immunity, censorship, criminal charges against policemen, and the scope of the president's power to use troops to quell civil unrest. Our panel of legal experts will analyze the legal issues involved and how they are likely to play out in the months ahead, while also discussing the broader implications for the law and our society.

June 16, 2020

This week, the Supreme Court interpreted Title VII's prohibition against sex discrimination in employment to encompass discrimination based on sexual orientation or identity. The majority opinion in Bostock v. Clayton County, authored by Justice Neil Gorsuch, relied heavily on the text of the 1964 statute. Too heavily – to the exclusion of legislative intent – some critics say. Our panel of Supreme Court and civil rights experts will discuss whether the Court's opinion was a work of principled textualism or an example of judicial activism.

June 15, 2020

Our panel last month discussed Robert Bork’s consumer welfare standard, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, and how Bork’s paradigm is under attack. Many defenders of the rule of law are concerned with the populist notion that competition law should be weaponized and used as a tool to address broader socio-economic concerns. Furthermore, adopting populist proposals that seek to rewrite antitrust law would upend more than a century of legal and economic learning and progress. This week, we will dive deeper into the recent populist antitrust movement and how the failure to distinguish between the proper and improper uses of antitrust laws poses a threat to the rule of law.

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