Another Legally Questionable Acting Official Who’s Not Wasting Any Time Before Making Big Decisions

1/15/19  //  In-Depth Analysis

Joe Otting, the new Acting Director of the Federal Housing Finance Agency, has a questionable entitlement to powers that he's already misusing.

Brianne J. Gorod

Constitutional Accountability Center

An Inside Job? The Uneasy Case for Outside Special Prosecutors

1/15/19  //  In-Depth Analysis

Should special prosecutors come from within the administration or outside it? This is a harder question than you might think.

Daniel Hemel

University of Chicago Law School

The Special Prosecutor and Government Institutions

1/15/19  //  In-Depth Analysis

Does the special prosecutor qualify as an 'institution'? Does it matter? (Hint: Yes, it does.)

David Marcus

UCLA Law School

Prosecuting the President

1/14/19  //  In-Depth Analysis

Why have presidents appointed special counsels when they are not required to do so? Why do presidents tolerate special counsels, even when they can fire them?

Andrew Coan

University of Arizona

On Mercury Emissions, Trump's EPA Didn’t Violate The Law; It Did Something Weirder

1/8/19  //  In-Depth Analysis

The EPA just issued an incredibly bizarre proposed rule about whether it is 'appropriate and necessary' to regulate power-plant emissions of mercury. What gives?

Eli Savit

University of Michigan Law School

Principles for Antitrust Legislation in the 116th Congress

1/5/19  //  In-Depth Analysis

By Marshall Steinbaum: It’s time for Congress to re-take control over antitrust and stop letting right-wing judges and cowed enforcers set the agenda

Take Care

Versus Trump: Contraception Mandate, Round Infinity

1/3/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha comment on several cases addressing whether the Trump Administration may legally expand the number of employers who do not need to provide insurance that includes coverage for contraception. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

The U.S. Needs Conglomerate Merger Legislation       

1/1/19  //  In-Depth Analysis

By Robert H. Lande: To preserve competitive markets, Congress should block mergers between our largest companies.

Take Care

Antitrust/Pro-Worker

12/31/18  //  In-Depth Analysis

Organized labor plays a vital role in balancing corporate power—but antitrust law has historically inhibited workers’ collective action. That must change.

Charlotte Garden

Seattle University School of Law

Welcome Back to the Fight

12/24/18  //  In-Depth Analysis

Waller Spencer: In reforming antitrust law, Congress must focus on the big picture, not the minutiae. Here's how it can do so.

Take Care

H.R. 1: Forging a Path for Pro-Democracy Reform

12/24/18  //  In-Depth Analysis

Stephen Spaulding: The pent-up demand for pro-democracy legislation is palpable. Next year, the House can forge a path forward. And it will do so with H.R. 1.

Take Care

Stopping Conflicts of Interest in Federal Investigations: The Next Legislative Priority

12/21/18  //  In-Depth Analysis

Congress could take action to deter this type of pardon and accelerate the political backlash against pardons used to undermine investigations and the rule of law

Antitrust Ideas: Bring Back Investigations  

12/21/18  //  In-Depth Analysis

In the early 20th century, the FTC investigated whole sectors of the economy to identify abuses of power. It should do so again.

Ganesh Sitaraman

Vanderbilt Law School

Cooperation for the 99%

12/20/18  //  In-Depth Analysis

The FTC and DOJ have welcomed corporate consolidation and monopolization, but targeted workers and small proprietors who organize

Take Care

How to Fix America's Monopoly Problem

12/18/18  //  In-Depth Analysis

Four key steps to creating an antitrust regime that redresses the current market power crisis and prevents its recurrence

Lina Khan

Open Markets Institute & Columbia Law School