Uber And Lyft In California: How To Use Employment Law To Wreck An Industry

by Richard Epstein

Forbes

The greatest advances in local transportation are driven by innovation companies like Uber and Lyft.  Their new platform technology allows for a scalable network that links drivers to consumers in real time, by supplying simultaneous two-way information on such key matters as vehicle type, price, and anticipated place and time of pickup and drop off.  […]

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Designing Private Cities, Open to All

by Alex Tabarrok and Shruti Rajagopalan

The New York Times

“The world is building more cities, faster than ever before. China used more cement in the last three years than the United States used in the entire 20th century. By 2050, India will need new urban infrastructure to house an additional 404 million people — a task comparable to building every city in the United States in […]

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Obamacare’s Tangled Web

by Richard Epstein

Defining Ideas

One of the most anticipated cases of the Supreme Court’s 2014-2015 term is King v. Burwell. In it, the Supreme Court is confronted with what should be a straightforward question of statutory interpretation about the scope of subsidies available under the Affordable Care Act (ACA). Section 1311 of the ACA states that “each state shall, not […]

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Abercrombie’s Hijab Problem

by Richard Epstein

Defining Ideas

This past week, the United States Supreme Court heard oral arguments on a contentious employment discrimination case, Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores. The conflict arose when Samantha Elauf, a Muslim teenager, applied for a position as a sales-floor employee for Abercrombie & Fitch. Abercrombie has always referred to its sales-floor employees as […]

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Greece on the Brink

by Richard Epstein

Defining Ideas

Germany and Greece have both wisely blinked on how best to renegotiate Greece’s outsized debt to its reluctant playmates inside the European currency union. The present fix will last for only four months, which means that the unresolved issues will surge to the fore yet again if some long-term solution is not crafted in the […]

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America’s Foreign Policy Amateur

by Richard Epstein

Defining Ideas

When it comes to foreign policy, President Barack Obama’s intentions and plans are unclear even to himself. The President’s indecision can be seen in his effort to authorize the use of military force “against the Islamic State of Iraq and the Levant,” a plan that has been met with strong opposition on both sides of the aisle.

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Patent Law Gone Awry: How Bob Goodlatte’s Bill Combines Useless Rigidity With Dangerous Discretion

by Richard Epstein

Forbes

On February 5, 2015, Republican Bob Goodlatte introduced his so-called “Innovation Act” for patent reform on behalf of a bipartisan coalition of House members.  The Act is a replica of the 2013 bill that passed the House but did not make it into law.  This new proposed legislation comes hard on the heels of the passage of the 2011 American […]

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McDonald’s vs. NLRB

by Richard Epstein

Defining Ideas

Under the Obama Administration, the National Labor Relations Board has taken strong pro-union stances on collective bargaining. One of its most salient initiatives has been its recent effort to expand the definition of an “employer” under the National Labor Relations Act. Thus on December 19, 2014, Richard Griffin, the NLRB’s General Counsel, issued a short […]

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Measles: Misinformation Gone Viral

by Richard Epstein

Defining Ideas

One of the great achievements of the last century was the effective elimination of many deadly communicable diseases by the widespread deployment of vaccines. I can still remember the fear that struck the hearts of every family in the early 1950s at the onset of another summer watch against polio, a disease whose spread has […]

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