Supreme Court
Assessing Supreme Court Decisions
This article originally appeared in in the Milken Institute Review.
Thanks to reforms of the past half-century, most federal regulations with a significant economic impact...
Corporations Are Not “We the People”
The Citizens United ruling contradicts the Founders, decades of Supreme Court precedent and the will of the American people.
There is nothing in the text...
What Citizens United Did Not Predict and Why It’s Time To Reconsider
Citizens United v. FEC stands in the public eye as the U.S. Supreme Court case that flooded U.S. elections with “dark money” and SuperPACs....
The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers
Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the rapidly growing...
Chart of the Week: Both Democrat- and Republican-Nominated Supreme Court Justices Increasingly Ruled Against Antitrust Enforcement
With the upcoming vote to confirm new Supreme Court Justice nominee Ketanji Brown Jackson, this week’s chart highlights a new dataset compiled by researchers...
Big Tech’s Tightening Grip On Internet Speech
Social media platforms have so transformed American life that many now view online speech as a right of citizenship—a right to be protected against...
What does NCAA v. Alston Tell Us About Antitrust and Labor Markets?
The Supreme Court's recent ruling against the NCAA and in favor of student-athletes may seem narrow or trivial, but the Court's acknowledgement of the...
States Beat NCAA, Feds in Race Towards Student-Athlete Pay
For decades, NCAA amateurism regulations limited student-athlete benefits to scholarships and related stipends, even as revenues soared into the billion dollar range. Currently, the...
Revisiting Ohio vs. American Express: It’s Time for a More Nuanced Approach to Market Definition
Nearly three years ago, the Supreme Court decided the case of Ohio vs. American Express, which turned out to be one of the most...
Is Corporate Personhood to Blame for Money in Politics?
Just because corporations are “legal persons” doesn’t mean that they should get all of the same rights as human persons. Yet over the past...
