Changing old antitrust thinking for a new gilded age

Steven Davidoff Solomon writes for The New York Times, July 22, 2014

This test of competition is rooted in notions of how companies competed more than 100 years ago. Even after a merger of Time Warner and 21st Century Fox, there would still be three or four big competitors. Indeed, it may even be that the competition among them for consumers is fierce. This calculus, however, excludes the political and other power that a concentrated industry can wield with government and regulators.

Stanford’s Cuéllar brings policy chops to high court

David Carrillo quoted in The Recorder, July 22, 2014

David Carrillo … said the choice of Cuéllar is interesting for three reasons. It gives the court “another academic powerhouse justice in the tradition of Traynor, Newman and Liu,” Carrillo said. It restores representation of the state’s 39 percent Hispanic population. There hasn’t been a Latino on the high court since Justice Carlos Moreno retired three years ago. “And the Berkeley-Stanford rivalry of appointments to the court continues, with Berkeley ahead 13 to 10,” Carrillo said.

Differing privacy regimes: a mini poll on mutual EU-US distrust

Paul Schwartz writes for Privacy Perspectives, July 22, 2014

Emotions are still running high in Germany about U.S. global surveillance activities. Indeed, outside the campus of the Goethe University, Frankfurt, I passed pro-Snowden posters stuck on telephone poles. The posters featured a simple suggestion for Germany’s policy in this matter: “Asyl,” that is, an offer of asylum in Germany for Snowden.

Galapagos

Holly Doremus interviewed by Radiolab, July 22, 2014

“There’s no place, no matter how remote we get, that hasn’t been affected by humans. You get to the North Pole, and it’s been affected by human activity. You can go to the depths of the impenetrable jungle, and it’s been affected by human activity…. We’re radically remaking the world, and the question is, ‘what’s our responsibility?’”

9th Circuit chief judge calls for firing squads in opinion

Elisabeth Semel quoted in Daily Journal, July 22, 2014

Elisabeth A. Semel … added that Kozinski will no doubt be quoted and discussed as lawmakers come to grips with the problems inherent in the lethal injection method. “Yes, there will be more talk now in state legislatures fueled by what Judge Kozinski said,” Semel said. “Although his bigger picture message today isn’t going to alter the litigation over what is going on in Arizona.”

Ruling against death penalty based on judges’ law review articles, studies

Elisabeth Semel quoted in Daily Journal, July 18, 2014

Elisabeth A. Semel said it was important to Carney’s opinion “that he has two 9th Circuit judges to rely on who have thought carefully about the California death penalty.” Semel, the director of the school’s Death Penalty Clinic, said Kozinski in the mid-90’s gets credit “for looking forward to see it’s going to be an ever bigger mess” as more inmates were sent to death row even as the pace of executions slowed.