Federal district court judge Jesse Furman has issued his ruling in the Citigroup-Revlon lawsuit involving a $900 million mistake. Due to human error, Citigroup employees made debt payments to Revlon’s creditors that Revlon didn’t intend for them to make. Remarkably, Furman ruled in favor of the…
There wasn’t much President Joe Biden could have done about this month’s Texas energy disaster. Ditto the slow-moving vaccine rollout. The reason is the same: federalism, a system dating back to the 1780s and only seriously overhauled once.
Although federalism still has some benefits, its…
A federal district court has refused to order Amazon Web Services to restore service to Parler, the right-wing Twitter alternative that the web hosting service took down on January 10, in the aftermath of the storming of the US Capitol. The decision highlights the very limited legal options…
A federal judge in California has struck down President Donald Trump’s executive order barring many types of visa entrants into the US. As a reminder, Trump issued this order in June because of the supposed threat foreign workers pose to native-born employment during the Covid-19 pandemic.
The…
Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate a third Supreme Court justice in his first term. And I’m revolted by the hypocrisy of Senate Majority Leader Mitch McConnell’s willingness to confirm Trump’s…
President Donald Trump and Senate Majority Leader Mitch McConnell wasted no time after Justice Ruth Bader Ginsburg died, immediately announcing their intent to nominate and confirm a replacement. Tempting as it is for Republicans to install a third Supreme Court justice during Trump’s first term,…
This summer, the US once again failed to control the coronavirus pandemic. This should be a source of great national shame, given how even such hard-hit countries as Italy and the United Kingdom have managed to control the virus much more effectively. The US outbreak rages on, with tens of…
Whenever we’re ready to re-open COVID-closed businesses, we’ll have to resolve some important questions about how to do so safely. One of them: what kind of measures should businesses take to keep employees and customers safe, and how should business owners be held accountable if they play fast and…
Since the Industrial Revolution began, every country that hasn’t been lucky enough to have huge oil deposits has gotten rich the same way: by getting good at manufacturing. Countries like the U.K., Germany, the U.S, Japan, and South Korea all became world-class manufacturers long before their…
The coronavirus called Covid-19 has spread beyond its origin in Wuhan, China, and has arrived on US shores. I’m a law professor, not an epidemiologist, so my thoughts immediately turned to how the law would shape America’s collective response to a broader pandemic — and what the government’s power…