Predictive Policing and Technological Due Process
Police departments have been increasingly crunching data to identify criminal hot spots and to allocate policing resources to address them. Predictive policing has been around for a while without...
View ArticleThe FTC and the New Common Law of Privacy
I recently posted a draft of my new article, The FTC and the New Common Law of Privacy (with Professor Woodrow Hartzog). One of the great ironies about information privacy law is that the primary...
View ArticleNLRB History
Anyone teaching administrative law will probably be reviewing several cases involving the National Labor Relations Board. In an era of declining unionism, the agency can seem like a bit of a relic. On...
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Secret Adjudications: the No Fly List, the Right to International Air Travel,...
Latif v. Holder concerns the procedures owed individuals denied the right to travel internationally due to their inclusion in the Terrorist Screening database. Thirteen individuals sued the FBI, which...
View ArticleHomeownership, Flood Insurance, and Stupid Land Uses: The Kolbe Decision
First, thanks to Concurring Opinions for inviting me back. It’s been years. What took you so long? I plan to spend some of my month’s effort here discussing coastal land use and disasters and the...
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Schmayek’s Shutdown
If you asked Ted Cruz or Jim DeMint who was the guiding spirit of their government shutdown, they’d probably mention Friedrich von Hayek. The Nobel Prize winning economist warned the world that...
View ArticleRethinking Airline Deregulation
The challenge to the US Airways/American merger led Justin Fox to reconsider the much-vaunted “success” of passenger airline deregulation: Before deregulation, airlines in the U.S. were pretty reliable...
View ArticleThe Comments Experiment
I just wanted to announce that I am joining Gerard on this policy. I think it will be an improvement over the status quo (for me at least) because: 1) It works for Sullivan. He gives many great...
View ArticleFAA Appeals Drone Decision
Last week, an administrative law judge invalidated a fine against Raphael Pirker by the Federal Aviation Administration for using a small drone for a commercial purpose. I discuss the basis for the...
View ArticleEconomic Dynamics and Economic Justice: Making Law Catastrophic, Middling, or...
Contrary to Livermore,’s post, in my view Driesen’s book is particularly powerful as a window into the profound absurdity and destructiveness of the neoclassical economic framework, rather than as a...
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Killer Whales Run Amok
Fun administrative law opinions come along about as often as Halley’s Comet, but the D.C. Circuit’s opinion in Sea World v. Perez is well worth your time.
View ArticleFTC v. Wyndham
The case has been quite long in the making. The opinion has been eagerly anticipated in privacy and data security circles. Fifteen years of regulatory actions have been hanging in the balance. We have...
View ArticleThe FTC and the New Common Law of Privacy
I’m pleased to announce that my article with Professor Woodrow Hartzog, The FTC and the New Common Law of Privacy, 114 Colum. L. Rev. 583 (2014), is now out in print. You can download the final...
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F.F. — Make of him what you will, but . . .
Felix Frankfurter I want to recommend a relatively new article in the Journal of Supreme Court History. It is impressively researched, commendably thoughtful, and refreshingly balanced. Before doing...
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Interview on The Black Box Society
Balkinization just published an interview on my forthcoming book, The Black Box Society. Law profs may be interested in our dialogue on methodology—particularly, what the unique role of the legal...
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The Campus Book Tour
If you are publishing a new book–as almost all Co-Op bloggers seem to be doing, including Danielle, Frank, and me–getting the word out entails effort across mainstream media, social media, niche blogs,...
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Should the FTC Be Regulating Privacy and Data Security?
This post was co-authored with Professor Woodrow Hartzog. This past Tuesday the Federal Trade Commission (FTC) filed a complaint against AT&T for allegedly throttling the Internet of its customers...
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FAN 40.1 (First Amendment News) Banzhaf responds to Corn-Revere on FCC...
Professor John Banzhaf, III In an earlier post I profiled Robert Corn-Revere’s WSJ op-ed entitled “Free-Speech Foes Call an Audible — Bringing the FCC into the ‘Redskins’ debate is an invitation for...
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The Maverick – A Biographical Sketch of Judge Richard Posner: Part II, The...
This is the second installment of a biographical profile of Seventh Circuit Judge Richard Posner. The first installment can be found here. Beginning next week, a five-part Q & A series along with...
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Posner on Case Workloads & Making Judges Work Harder
What’s the evidence in this case that the [administrative] judges can’t work harder and handle 500 cases? – Richard Posner (2014) I shall not inquire why Congress as it were “permits” judges not to...
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