Interesting piece here by @btfitzpat, author of “The Conservative Case for Class Actions.” Brian highlights a new book by Diego Zambrano, which shows that private enforcement of public rights has a storied history that, for originalists, should ease concerns about the constitutionality of private enforcement. balkin.blogspot.com/2026/10/the-ev…
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It’s odd to me what an intoxicant David French-bashing is to a certain type of highly online Christian. The grace with which he takes it all is inspiring. I don’t agree with all his takes, but the un-Christlike vitriol of his critics who claim to be Jesus-followers is something.
You know who else is absolutely pathetic?
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Thom Lambert retweeted
Another frivolous investigation into First Amendment-protected activity.
“The right of the States to regulate economic activity could not justify a complete prohibition against a nonviolent, politically motivated boycott designed to force governmental and economic change and to effectuate rights guaranteed by the Constitution itself.” NAACP v Claiborne Hardware Co., 458 U.S. 886 (1982).
“The right of the States to regulate economic activity could not justify a complete prohibition against a nonviolent, politically motivated boycott designed to force governmental and economic change and to effectuate rights guaranteed by the Constitution itself.” NAACP v Claiborne Hardware Co., 458 U.S. 886 (1982).
Breaking News: The Justice Department is investigating whether major TV networks violated federal antitrust laws when they briefly suspended pool coverage of President Trump, according to people with knowledge of the department’s action. nyti.ms/4hWQxXm
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If I were an antitrust lawyer working in this DOJ, I would hide my head in a bag.
Breaking News: The Justice Department is investigating whether major TV networks violated federal antitrust laws when they briefly suspended pool coverage of President Trump, according to people with knowledge of the department’s action. nyti.ms/4hWQxXm
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What’s the deal with Missouri politicians’ refusal to admit their screw ups. Hawley won’t take responsibility for his role in Jan 6. Schmitt defends his appalling behavior yesterday. This guy won’t acknowledge (as SCOTUS noted) that he gambled and lost. We’re not idiots, folks.
“I fully complied with the constitutional deadline and certified the signatures (as insufficient) on August 4th at 4 p.m.. One of my regrets is I did that too early. I wish I would have waited till 5 p.m. to verify those signatures that day,” Hoskins said.
missourinet.com/2026/09/30/hos…
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When you have falsely accused someone of something, the right thing to do is to apologize. Refusing to do so betrays a lack of character. Refusing to do so because you’re desperate to please someone who hates the person you wronged indicates moral weakness. Why is this so hard?
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As a Missourian—one on the political right, no less—I am so embarrassed by this. We deserve better.
A phenomenal moment in the Senate.
Eric Schmitt, R-Mo., claims he has evidence Jack Smith went to a HAWKS game in Atlanta.
Smith denies it.
Schmitt declares he has busted Jack Smith for perjury.
Smith, vexed, says he went to HAWKEYES game in Maryland.
Watch the whole thing:
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Nice thread here on the Google AdTech remedy. Structural remedies aren’t always as administrable as billed.
Google AdTech remedy is in.
The usual voices will complain about no breakup. They will assert that the advantage of structural remedies is that they are simple.
The most interesting part of Judge Brinkema's opinion explains why a breakup would not have been easier.
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Today is my birthday. It’s also the 25th anniversary of the death of my good friend, Jason Oswald, in the World Trade Center. This pic is of us on Labor Day 2001. I had planned to head to NYC the weekend after 9/11 to celebrate my 30th birthday with Jason and his girlfriend, . After Jason’s death, I helped Nancy pack up his things to take to his parents. We found his prayer journal, and I saw my own name listed numerous times among his prayer requests. Jason always put his faith, family, and friends first. I’m honored to have known him, and I look forward to meeting him in glory.
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Thom Lambert retweeted
Wait. Nobody is making fun of the NYC socialist grocery antitrust complaint for the best (funniest) reason yet.
Lina Khan famously repackaged the long rejected idea that low prices should violate the AT laws without any proof of “recoupment” through higher prices. The argument? e actually bad! She got famous from it. Awards were given. Nominations made. NYT profiles penned. Alas, Lawsuits were not won.
Now, the NYC lawsuit alleges Lina”s pet theory of harm (predation via always low prices) targeting the socialist grocery stores. Who is the chair of supervising board managing those stores and defending against these claims? Lina Khan! The defense? Sustained low prices are actually good! Amazing.
Lina Khan famously repackaged the long rejected idea that low prices should violate the AT laws without any proof of “recoupment” through higher prices. The argument? e actually bad! She got famous from it. Awards were given. Nominations made. NYT profiles penned. Alas, Lawsuits were not won.
Now, the NYC lawsuit alleges Lina”s pet theory of harm (predation via always low prices) targeting the socialist grocery stores. Who is the chair of supervising board managing those stores and defending against these claims? Lina Khan! The defense? Sustained low prices are actually good! Amazing.
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Thom Lambert retweeted
Antitrust Academy is off to an incredible start! In just two weeks, we have been thrilled to welcome hundreds of law students, practitioners, and government employees from across the globe. Thank you for the incredible interest in our new platform! And stay tuned for exciting new courses and features.
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Apple literally created mobile gaming by developing an amazing, user-friendly platform that Tim now wants to host his business on for free.
Apple broke mobile gaming, in three ways.
First, by using its 30% junk fees to inflate prices of in-game purchases, extracting the far majority of profit from games on the App Store, and depriving developers of the ability to reinvest.
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I’m most excited about this new offering, which I’ll use as a supplement in my antitrust course this fall. The videos dig deep into antitrust theory and doctrine, but they’re easy to follow. (And my eye contact greatly improved…took me a video to figure out where to look!)
Want to learn antitrust? Antitrust Academy has you covered. Here is @profthomlambert teaching horizontal restraints under Section 1 of the Sherman Act. FREE for students and govt employees and reasonably priced subscriptions for practitioners and all others.
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Interesting idea here from my friend @btfitzpat about how to boost originalism scholarship on state constitutions and enhance ideological diversity in legal education. Seems like something my own state legislature might get behind. Cc: @TonyLuetkemeyer
scotusblog.com/2026/08/realiz…
scotusblog.com/2026/08/realiz…
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The tax offerings at @MizzouLaw are just terrific. It’s fun to see so many students excited about tax law. Kudos to Prof. Gamage for sharing the wealth with the public. And keep your eye out for rising star Lauren Shores Pelikan, who is really making a mark.
On Aug. 26 (Wednesday): Alex Zhang (Emory Law), will present: “Innovation Paradigm Shifts and Capital Taxation: The Case of AI” at the Mizzou Law Tax Policy Colloquium is convened by Professor David Gamage of Mizzou Law. Most sessions will be open to guests via zoom. 1/
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