• Heritage Action
  • Heritage Libertad
  • More
  • Commentary posted July 28, 2014 by Alden Abbott Conditional Pricing Practices and the Limits of Antitrust

    The Federal Trade Commission’s (FTC) June 23 Workshop on Conditional Pricing Practices featured a broad airing of views on loyalty discounts and bundled pricing, popular vertical business practices that recently have caused much ink to be spilled by the antitrust commentariat.  In addition to predictable academic analyses featuring alternative theoretical anticompetitive…

  • Commentary posted July 28, 2014 by John Malcolm The Case For the Smarter Sentencing Act

    [Mr. Malcolm’s article is adapted from his presentation on the Smarter Sentencing Act to the Senate Republican Policy Committee on March 31, 2014. Professor William Otis of Georgetown Law School took the opposing view. His adapted remarks are also published in this Issue at 26 FED.SENT’G REP. 302 (2014). —Editor] As a former Assistant United States Attorney and Deputy…

  • Commentary posted July 24, 2014 by Hans A. von Spakovsky Obamacare’s Almost Surely Going Back to the Supreme Court

    And there you have it, ladies and gentlemen: two different federal courts of appeal, issuing completely contradictory rulings on the very same day, on the very same issue. That’s what happened Tuesday. If nothing else, the dueling rulings should hasten the day when the next phase of litigation involving the Patient Protection and Affordable Care Act reaches the Supreme…

  • Legal Memorandum posted July 24, 2014 by John Malcolm, Elizabeth Slattery Boehner v. Obama: Can the House of Representatives Force the President to Comply with the Law?

    A‌rticle I of the Constitution vests “All legislative powers herein ‌granted” in Congress, while Article II, section 3 requires that the President “shall take Care that the Laws be faithfully executed.” But what happens when the President fails to execute the law? Time and again, President Barack Obama has pushed the limits of this duty, acting unilaterally to change or…

  • Commentary posted July 17, 2014 by Andrew Kloster The Supreme Court's Top Ten Cases

    With the Supreme Court on summer recess, it's time to review the biggest cases of the October 2013 docket. SCOTUSblog's "Stat Pack" notes that the Court this term had a high degree of unanimity and a relative lack of 5-4 decisions. But by margins both large and small, the court issued a number of important cases. Reasonable people can, of course, disagree about the…

  • Commentary posted July 17, 2014 by Alden Abbott A Reply to the Rubins on Crony Capitalism

    Paul H. Rubin and Joseph S. Rubin advance the provocative position that some crony capitalism may be welfare enhancing. With all due respect, I am not convinced by their defense of government-business cronyism.  “Second best correction” arguments can be made with respect to ANY inefficient government rule.  In reality, it is almost impossible to calibrate the degree of…

  • Commentary posted July 17, 2014 by Alden Abbott A Cost-Benefit Framework for Antitrust Enforcement Policy

    Debates among modern antitrust experts focus primarily on the appropriate indicia of anticompetitive behavior, the particular methodologies that should be applied in assessing such conduct, and the best combination and calibration of antitrust sanctions (fines, jail terms, injunctive relief, cease and desist orders).  Given a broad consensus that antitrust rules should…

  • Commentary posted July 17, 2014 by Hans A. von Spakovsky Eric Holder's Animus Towards His Critics

    Were you aware that  your opposition to Attorney General Eric Holder and President Obama is due at least in part because of your “racial animus,” and not because you disagree with their policies and abuse of their constitutional authority? That, anyway, is Holder’s latest claim, which shows how disconnected the attorney general is from reality. It is also more evidence…

  • Commentary posted July 8, 2014 by Alden Abbott Supremes Preserve Fraud on the Market (and Bail Out Class Action Plaintiffs) - Time for Congress to Kill it

    On June 23 the Supreme Court regrettably declined the chance to stem the abuses of private fraud-based class action securities litigation.  In Halliburton v. EPJ Fund (June 23, 2014), a six-Justice Supreme Court majority (Chief Justice Roberts writing for the Court, joined by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) reversed the Fifth Circuit and held that a class…

  • Commentary posted July 8, 2014 by Hans A. von Spakovsky Eric Holder’s long losing record before the Supreme Court

    If Eric Holder were a baseball player, he’d have been benched long ago — if not kicked off the team. His batting average before the Supreme Court is abysmal, losing again and again in his efforts to undermine the Constitution. This term featured four big strike downs. First was Burwell v. Hobby Lobby, in which the Supremes tossed out ObamaCare’s contraceptive abortion…

  • Legal Memorandum posted June 25, 2014 by Alden Abbott Strengthening Property Rights and the U.S. Economy Through Federal Trade Secret Protection

    Strong protection for intellectual property (IP) is vitally important to the health of the United States economy. IP industries account for more than 40 percent of U.S. economic growth and employment, and they create strong incentives for investments in innovation that drive future U.S. economic growth and innovation.[1] Currently, owners of three of the four major…

  • Backgrounder posted June 16, 2014 by Paul Rosenzweig, Brett D. Schaefer, James L. Gattuso, David Inserra Protecting Internet Freedom and American Interests: Required Reforms and Standards for ICANN Transition

    The U.S. National Telecommunications and Information Administration (NTIA) has contracted with the Internet Corporation for Assigned Names and Numbers (ICANN) to manage core functions of the Internet since ICANN was established in 1998. ICANN is a private nonprofit corporation created to manage policy and technical features of the Internet’s domain name system (DNS) in a…

  • Legal Memorandum posted June 12, 2014 by Evan Bernick, Paul Larkin Filming the Watchmen: Why the First Amendment Protects Your Right to Film the Police in Public Places

    Brandy Berning spent the night in a Florida jail because she used a cell phone to film a traffic stop on I-95.[1] George Thompson of Fall River, Massachusetts, claimed that he was verbally abused, arrested, and locked up overnight for filming a profane police officer with a cell phone from his front porch. The officer was across the street in full view and within earshot…

  • Commentary posted June 11, 2014 by Hans A. von Spakovsky Obama's Enforcer

    Attorney General Eric Holder’s Justice Department gave bad advice to President Obama and the Pentagon in the controversial Bergdahl prisoner trade that the president could ignore federal law requiring prior notification to Congress. This is just the latest example of how Holder helps the administration ignore the rule of law and crafts his “legal” opinions based on the…

  • Legal Memorandum posted June 9, 2014 by Paul Larkin Closing the Door to Foreign Lawsuits: Daimler AG v. Bauman

    Midway through its October 2013 term, on January 14, 2014, the Supreme Court of the United States decided a case that will make its way into every civil procedure casebook, Daimler AG v. Bauman.[1] The plaintiffs, residents and citizens of Argentina and Chile without any connection to the United States, initiated a federal court lawsuit in California against Daimler AG, a…