On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and remanded the Commission’s order to divest Grail based on the Commission’s treatment of the merging parties’ rebuttal evidence, it largely upheld the Commission’s decision. On December 17, 2023, after losing at the Fifth Circuit and following an EU order to unwind the merger, Illumina announced that it would divest Grail. Although notable for its application of substantive vertical merger law, the Fifth Circuit also grappled with what has become an increasingly common feature of administrative law: challenges to the constitutionality of administrative proceedings. After the Supreme Court’s decision in Axon Enterprise, Inc. v. FTC to allow constitutional challenges to be brought in district court without first exhausting agency review procedures, such challenges are becoming more common.
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the...
This Article introduces the Jurist-Derived Judicial Ideology Scores (JuDJIS), an expert-sourced measure of judicial traits that can locate nearly...
It is widely believed that President Donald Trump’s judicial appointments reflected a strategy of appeasing evangelical Christians and other religious...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
Generative AI is already beginning to alter legal practice. If optimistic forecasts prove warranted, how might this technology transform judicial...
In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...
Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...
The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...