Tag Archives: law

In this post, I am going to expand upon the impact of the new House Rules H. RES. 5 upon the Repeal of the PPACA. As I explained here Paul Ryan deliberately changed the House Rules and the Republicans following party line approved them with the exception of 3 who voted with the Democrats. The House Rules went from just this: “The Director of the Congressional Budget Office shall, to the extent practicable, prepare an estimate of whether a bill or joint resolution...

To Recap what everyone knows now (in case anyone reads this months from now) On January 27th Donald Trump signed an executive order suspending the refugee admission program for 120 days and blocking US entry for citizens of 7 countries for 30 days.The order was written without input from the Justice, Homeland Security, State and Defence departments. As written it banned entry for legal permanent residents (with green cards) who were travelling abroad when it was...

By James Kwak There’s a story you hear often these days. The story is that America has too many lawsuits: too many lawyers, too many people filing frivolous suits, too many excessive damages awards by juries, and so on. This story is the reason for all the “litigation reform” in recent decades: the Private Securities Litigation Reform Act of 1995, Prison Litigation Reform Act of 1996, the state-level tort reform movement, Bell Atlantic v. Twombly, Ashcroft v. Iqbal, and so on. There are...

By James Kwak There’s a story you hear often these days. The story is that America has too many lawsuits: too many lawyers, too many people filing frivolous suits, too many excessive damages awards by juries, and so on. This story is the reason for all the “litigation reform” in recent decades: the Private Securities Litigation Reform Act of 1995, Prison Litigation Reform Act of 1996, the state-level tort reform movement, Bell Atlantic v. Twombly, Ashcroft v. Iqbal, and so on. There are...

By James Kwak Economism—the simplistic, unreflecting application of Economics 101 models to complex, real-world issues—is particularly influential in the law, including both legal academia and actual court opinions that decide important questions. The "economism" that @jamesykwak talks about is at its worst in the legal profession: https://t.co/84oUoNl49r — Noah Smith (@Noahpinion) January 17, 2017 Noah Smith, for example, points to a paper by a law professor arguing that forced...

By James Kwak Economism—the simplistic, unreflecting application of Economics 101 models to complex, real-world issues—is particularly influential in the law, including both legal academia and actual court opinions that decide important questions. The "economism" that @jamesykwak talks about is at its worst in the legal profession: https://t.co/84oUoNl49r — Noah Smith (@Noahpinion) January 17, 2017 Noah Smith, for example, points to a paper by a law professor arguing that forced...

I know that lots of you are heartily sick of the WASPI campaign, but it does have a tendency to throw up interesting issues. This time, it is the legal status of the UK's state pension.A couple of days ago, the WASPI campaign announced a crowdfunding campaign to raise funds for legal action against the Government. Their CrowdJustice page says that legal action would potentially be twofold: (this is a screen print from the CrowdJustice page. Regular readers of my blog will be aware that I...