July 2017

  • July 25, 2017
    Guest Post

    by Dan Froomkin and Victoria Bassetti, Brennan Center Contributor

    Donald Trump's contempt for women assumes many forms. His selection of nominees to serve as U.S. attorneys around the country has proven to be one of them: Of the 29 people he has nominated for U.S. attorney positions, 28 are men.

    Fully 25 are white men. There's one Asian-American woman, one African-American man, one Asian-American man and one Native American man.

  • July 24, 2017
    Guest Post

    by Jean R. Sternlight, Saltman Professor of Law, Boyd School of Law, UNLV

    *This is part of ACSblog's Symposium on Regulatory Rollback

    The Consumer Financial Protection Bureau (CFPB) just issued a new rule prohibiting financial service providers from using forced arbitration to prevent their customers from suing the company in class actions.  While many of us believe this rule is a “great win for consumers,” others are trying to gut it in Congress, in the courts, or through administrative action by the Comptroller of the Currency.

    The new CFPB rule is critically important in its own right, but it is also interesting to view the battle over this rule as a microcosm of the fight we so often see between free market devotees and fans of regulation. Bankers, credit card issuers, payday lenders and the Chamber of Commerce have urged for many years that consumers should be free to “choose” to resolve disputes through individual arbitration – supposedly a quicker, cheaper better mode of dispute resolution as compared to litigation and class actions.  In contrast, those who oppose forced arbitration assert that such arbitration is unfair for consumers and bad for society as a whole.  Ultimately this battle between free marketeers and pro-regulation forces turns on principles of economics, psychology, and political philosophy, as I have detailed elsewhere.

  • July 24, 2017
    Guest Post

    by Daniel Farber, Sho Sato Professor of Law & Co-Faculty Director, Center For Law, Energy & The Environment, University of California, Berkeley

    *This is part of ACSblog's Symposium on Regulatory Rollback

    While public attention has been focused on health care legislation, immigration and the Russia scandal, a lot has been happening under the radar in Washington. In numerous government agencies, Trump appointees are working to reverse years of effort by the Obama Administration.

    The EPA is headed by Scott Pruitt, who made his name as Oklahoma Attorney General with a series of lawsuits against the agency. The LA Times calls him “Trump’s most dangerous and adroit hatchetman.” The NY Times reported that Pruitt “has moved to undo, delay or otherwise block more than 30 environmental rules, a regulatory rollback larger in scope than any other over so short a time in the agency’s 47-year history....” The title of the NY Times story was revealing: “Counseled by Industry, Not Staff, E.P.A. Chief is Off to a Blazing Start.” One of his great triumphs was successfully lobbying President Trump to withdraw from the Paris Agreement on climate change.

  • July 24, 2017
    Guest Post

    by Charlotte Garden, associate professor at Seattle University School of Law

    *This is part of ACSblog's Symposium on Regulatory Rollback

    With key National Labor Relations Board and Department of Labor appointments nearing confirmation votes, the Trump administration’s labor policy will soon be in full swing. There is little doubt that that policy will involve some 180-degree reversals from the generally pro-worker positions of the Obama NLRB and DOL, and other more incremental retreats from Obama-era policies. This post discusses a few deregulatory changes that are likely to take effect over the next several months or years, and what they will mean for workers.

    The Department of Labor

    Under Tom Perez’s leadership, the Obama Department of Labor enacted a series of new rules designed to improve workers’ lives. Key among them was a rule that doubled the threshold below which employers would have to pay overtime to white-collar workers to $47,500. In addition to that signature achievement, other important Obama DOL rulemakings would have forced employers to disclose more of their spending on anti-union “persuaders,” and halved the permissible level of silica dust (which is linked to cancer and other lung diseases) to which construction workers can be exposed. The first two of these rules were enjoined before they could take effect; litigation regarding the last is pending in the D.C. Circuit.

  • July 24, 2017
    Guest Post

    by Gigi B. Sohn*, Fellow, Georgetown Law Institute for Tech & Society, Open Society Foundations and Mozilla and Kevin Werbach, Associate Professor of Legal Studies & Business Ethics, The Wharton School, University of Pennsylvania

    *Sohn previously served as Counselor to FCC Chairman Tom Wheeler from Nov. 2013 - Dec. 2016. 

    **This post is part of ACSblog’s Symposium on Regulatory Rollback

    The Open Internet (or “net neutrality”) rules adopted by the Federal Communications Commission (FCC) in 2015 were the Obama administration’s most significant achievement in communications regulation. They were among the first rules the Trump administration targeted following the 2016 election. In May, the Trump FCC began a rulemaking proceeding to repeal them. It also rejected the legal authority in which the rules are grounded, and failed to recommend anything in their place.

    The Open Internet rules prohibit broadband Internet Service Providers (“ISPs) like Comcast, AT&T, Verizon, and Charter, from discriminating against or favoring any content, applications or services on the Internet. Among other things, the rules specifically prohibit ISPs from blocking or throttling, and prohibit ISPs from extracting fees in exchange for faster or better quality delivery to the consumer (“paid prioritization”).