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October 23, 2024
The Benefits of Playing Small Ball and Other Observations About Social Media Litigation at the Supreme Court
The US Supreme Court’s 2024 rulings involving social media platforms and First Amendment issues provided fodder for earlier posts drilling into matters such as the right to listenand Justice Amy Coney Barrett’s prominent role as a tech-savvy jurist. This post, concluding my review of Lindke v. Freed, Murthy v. Missouri, and Moody v. NetChoice, offers three observations. The Benefits of Playing Small…
October 21, 2024
Why Western North Carolina Spurned Flood Control Measures Decades Ago
The July 17, 1916, edition of The Asheville Citizen could have easily been reprinted late last month and maintained its relevance: “Asheville today is absolutely isolated from the outside world, is a city of darkness void of ordinary transportation facilities, and finds herself helpless in the grasp of the most terrible flood conditions ever known here.” Both Hurricane…
October 21, 2024
The Future of Small Business Financing
Small businesses are the foundation of the US economy, representing 99 percent of all firms and employing nearly half of the private sector workforce. In 2021, these enterprises generated over $16.2 trillion in revenue. Beyond their economic impact, small businesses play a vital role in shaping neighborhoods and communities across the country. Despite their significance, many small…
October 21, 2024
We Found an Excel File Online
A new paper is just out claiming that climate change is increasing the damage associated with U.S. hurricanes: “US hurricane damage, normalized for changes of inflation, population, and wealth, increases approximately 1% per year. For 1900–2022, 1% per year is equivalent to a factor of >3 increase, substantially but not entirely, attributable to climate change.” As they…
October 18, 2024
Cantwell Challenges Tai on Digital Trade Rules
Sen. Maria Cantwell (D-WA) has directly challenged US Trade Representative (USTR) Katherine Tai’s adamant opposition to stronger digital trade rules in US trade agreements. She charged that USTR has “stopped standing up against digital protectionism abroad.” Cantwell is chair of the Senate Commerce, Science, and Transportation Committee, and a member of the Senate Finance Committee, which has…
October 17, 2024
Flipping Frames on the New York Times’s NetChoice Profile
Readers following First Amendment cases about laws regulating social media platforms surely recognize the name NetChoice. It’s the trade association dedicated to making “the Internet safe for free enterprise and free expression,” believing that consumers—not the government—“know best the products and services they need.” As its name intimates, private choice is preferable to government dictate. To wit, rather…
October 17, 2024
Why the Veto of California Senate Bill 1047 Could Lead to Safer AI Policies
Innovation for Frontier Artificial Intelligence Models Act, reignited the debate about how best to regulate the rapidly evolving field of artificial intelligence. Newsom’s veto illustrates a cautious approach to regulating a new technology and could pave the way for more pragmatic AI safety policies. The robust debate SB 1047 sparked, imperfect as it was, is…
October 15, 2024
Antitrust’s Blind Spots: When Markets Fix Problems Faster Than Regulators
One of the enduring ironies of antitrust law is that governments often step in to solve perceived problems that market forces are already addressing. A prime example: Standard Oil. Its grip on the oil market a century ago weakened not because of the 1911 antitrust breakup but due to newly discovered oil fields in the…
October 15, 2024
The Judiciary, Generative AI, and Ordinary Meanings: Kevin Newsom Leads the Way
When it comes to jurists experimenting with generative artificial intelligence (Gen AI), Judge Kevin Newsom of the US Court of Appeals for the Eleventh Circuit is at the leading edge. He’s also making his discoveries and views about Gen AI known in concurring opinions that are distinctly different from traditional ones associated with a judge who “agrees with the majority opinion…
October 15, 2024
The “warming surge,” climate model biases, fewer Gulf hurricanes, and super shoes!
In 2024 it can be difficult to sort wheat from chaff in the peer-reviewed literature. There has always been better and worse science — that goes with the territory — but as I argued last week, we are now in an era of tactical research, with science curated to advance narratives over knowledge. That makes knowing…