Fordham Law Prof
Kids, country, health, clean water, fairness, freedom. Books: Corruption in America, Break โem Up. Current project: Politics of the Future.
Remember Heller.
Remember that the Roberts Supreme Court in a 5-4 decision--over a withering dissent by Stevens--threw out democratically passed gun control laws in 2008. They invented a new 2nd Amendment and a false banner to rally around to stop basic protection of children.
Beef prices rose 30 percent, while meatpackers have been celebrating an average of 120 percent increase in profits.
The cost of Proctor and Gamble diapers, toothpaste, detergent, and tampons has risen throughout the pandemic while P&G has boasted record-breaking profits.
No, seriously, Uber is deciding what driver gets what job based on their weight, whether they ever missed a payment, what political associations they have.
Algorithmic wage discrimination should be made illegal before it becomes the dominant business model.
Paul Singer spent a cool $500,000 in SuperPAC money against me in my 2016 Congressional race.
I joined Ted Lieu and others in suing, arguing that Singer's single candidate SuperPAC was a clear corruption problem even after Citizens United.
Denied cert by... the Supreme Court.
Singerโs hedge fund came before SCOTUS at least 10 times in cases where his role was often covered by the mainstream media.
In 2014, the court agreed to resolve a key issue in a battle between his hedge fund and Argentina. Alito did not recuse himself.
A website that reviews products and services for small businesses, reported that 56% of the 1,000 businesses they surveyed in November 2021 increased prices beyond inflation to boost profitability.
Chipotle prices are up 10 percent from January 2021 to January 2022, which the company blames on labor shortages, but their operating income rose 181 percent.
While the cost of a basic cup of coffee at Starbucks has shot up 20 percent, the company profits are up 30 percent.
People often say the most outrageous things when it's something they've said or thought hundreds of times in smaller groups and no one has pushed back.
This is obviously nonsense, but more worrying because it reflects a deep structure of wrongness, of wrong understanding.
Nancy Pelosi: Protesters calling for a ceasefire in Gaza "is Mr. Putin's message... Make no mistake, this is directly connected to what he would like to see...
"I think some of these protesters are spontaneous and organic and sincere. Some I think are connected to Russia."
Breaking News: Microsoft agreed to buy the video game maker Activision Blizzard for $68.7 billion, its largest takeover ever and a big bet on the metaverse.
"While not all of these may be illegal, some of them may fit the definition of price gouging under New York law."
NY law bans โunconscionably excessiveโ prices, which include both โunconscionably extremeโ prices and prices set through โunfair leverage or unconscionable means.โ
The
@NewYorkStateAG
has led pathbreaking lawsuits against Facebook and Google. She and her top-notch team brought a key lawsuit against Amazonโs abusive treatment of workers.
(Sorry, I'm quoting the
@NewYorkStateAG
press release here, to be clear!)
"Shipping prices are way up, while shipping company profit margins are breaking records.
Chevron and Shell posted record profitability while energy costs soared."
She also led in other ways, and pushed for reforms to modernize New York Stateโs own antitrust laws and give enforcers the tools they need to hold dominant firms accountable.
I couldnโt be happier to be working with her and the extraordinary lawyers and leaders in her office.
A year ago, she issued a critical report on cover ups and lies in New Yorkโs nursing homes. Remember what New York was a year ago: standing up to a powerful, bullying Governor for the most vulnerable New Yorkers was a moment of great bravery and principle.
What a joke! All foreign government profits, for stays at our hotels and other properties while my father was in office, were voluntaraly donated to the United States Treasury. Just another example of
@MSNBC
counter-narrative for the most corrupt family in political history - Theโฆ
Absurd article, written by and for people who never wanted antitrust enforcement, comes out the day after a killer acquisition in big pharma was stopped by the FTC, making 20 abandoned mergers after Khan investigated. They don't like the merger guidelines?! Of course they don't.
When Lina Khan, a star in the progressive new school of antitrust law, took over the FTC, she was expected to break up big business. Instead, critics say, she has broken the agency.
1) I eat my hat on Buttigieg, who I thought of as a McKinsey operator. He's doing really great work.
2) McGee is a hero to hundreds of thousands of fliers who will never know his name. What a difference a committed advocate makes!
I started in the airlines in 1985. In all that time there's no doubt I never heard the White House comment more frequently on airline service issues than in the last two years. Thankfully, we're also seeing steps to address these problems, as words translate into actions.
"New Yorkโs statute is also unique in the wide scope of covered goods and services, and the fact that it covers all actors in the supply chain for those goods and services, including manufacturers, retailers, distributors, shipping firms, and online platforms."
There is nothing xenophobic about laws forbidding foreign ownership of critical infrastructure.
It is, in fact, simply rational, flowing from a rational assessment of rational motive and opportunity. It is democracy protecting. Like the Foreign Emoluments clause.
If you think there's a problem with Trump taking $5 million from the Chinese Government while President, you should think there's a problem with Chinese Government control of essential communications infrastructure.
"The law also prohibits price gouging not just of consumers but also small businesses and state and local governments.
The (ANPR) outlines the evidence that some of the price increases for vital and necessary goods may violate NY law & lays out the incentive structures."
We know Trump took $5 million from the Chinese government while in office this is insanity, basic violation of the oldest anticorruption law in our country, ***the emoluments clause*** and blatantly disloyal and corrupt.
NEWS: Rep Jamie Raskin has been making the case to Senate Dems that they consider using their subpoena power to continue his investigation into Trump's millions in profits from foreign governments while in office.
Why aren't Senate Dems pursuing this? 1/
"The OAG is seeking comment from the public on a wide range of questions about price gouging, including questions about industry tools that may obscure price gouging. Public comments...may be submitted immediately and until April 22, 2022 at stopillegalprofiteering
@ag
.ny.gov."
The voting rights emergency demands pulling out all the stops, carving out a filibuster exception, and does NOT include time for a Senate holiday recess.
Lina Khan is simply the best of government. She listens calmly, investigates seriously, explains clearly, and doesn't fuck around in enforcing the law.
Amazon doubled the number of junk ads to boost profits and deleted internal communications to thwart a federal antitrust probe, according to the FTC.
Chair Lina Khan speaks with
@emilychangtv
about the newly released details in the agency's lawsuit
I live in a union household. I believe in union power.
Iโm standing in solidarity with the grad student workers
@SW_Columbia
, who deserve to have all their demands for fair pay + harassment & discrimination protections met NOW.
#CUonStrike
According to the St. Louis Fed corporate profits have increased more than 100% in the past year, significantly above the rate of inflation.
Big companies are experiencing a 70-year high in corporate profit margins.
If you support the ban on foreign corporate spending in US elections, you should support a ban on foreign government ownership of essential communications facilities.
Uber is the business model of the future if we don't stop it: individualized high prices, individualized low wages, crappy service, middleman exploiting both consumers and workers.
Key new piece: "Since taking the helm of Uber, Dara has raised US ridehail prices by 55% โ more than twice the rate of inflation โ while cutting driver pay, despite soaring inflation in auto operating costs borne by Uberโs millions of US drivers."
โThomasโs conduct violated federal laws specifically requiring him to disclose the gifts. Thomas was legally obliged to disclose the gifts as well as the donors and should be prosecuted for failing to do so.โ
The first English bribery statute from the 1380s banned judges from taking a "robe, fee, pension, gift, nor reward of any but the King, except reward of meat and drink, which shall be of no great value."
Bombshell reporting by
@justinElliott
@js_kaplan
and
@Amierjeski
.
Supreme Court Justice Samuel Alito took a luxury fishing trip to Alaska with billionaire Paul Singer, whose hedge fund then had repeated business before SCOTUS over the years that followed.
Alito never disclosed the trip or recused himself from Singer's cases. (THREAD)
We treat it as an institution that on the whole enriches democratic power with occasional errors, instead of a strange, elite, unaccountable, undemocratic institution with rare power moral moments.
This is what weโve been talking about for the last two years. We have time, but have to act quickly, to stop this from being the dominant business model.
โUber has developed algorithms for tailoring customer prices based on what they believe individual customers would be willing to pay and tailoring payments to individual drivers so they are as low as possible to get them to accept trips.โ ๐๐๐๐
In practice, that means that we shouldn't do the work of propping up the Court. Make it legitimize itself, if it can, but don't buy into its own story of being a principled institution.
We are failing our teenagers at an epic, unacceptable level, and itโs clearly societyโusโour institutions and expectations, that is failing.
Five alarm fire here. The kids are not okay.
My twitter account was hacked last month and I just got it back. The hackers falsely advertised charity MacBooks for $600. I feel terrible for anyone who fell for the hackers scam and bought a MacBook. I know at least two. Donโt assume blue check messages are safe.
Our campaign for NY Attorney General has always been rooted in doing the best for New Yorkers. Attorney General Letitia James is an exceptional leader and dedicated public servant. Given her decision to seek re-election, I will be immediately suspending my own campaign.
This is a really big deal, under-the-radar.
The new Irish media commission has a real, simple, easy to implement plan for stopping addictive and dangerous algorithms: require them to default off.
People can opt-in, but start without the addictive algorithm manipulating you.
This is a battle for the country, and Lina Khan is prevailing, and will prevail, despite taking on the most powerful interests in the country and world.
Note to journalists: anti monopolist are usually pro the thing they are trying to deconcentrate.
being an ag trustbuster is pro ag. being a health care anti-monopolist is pro health care. Trustbusting in beer is pro beer.
๐จNEW:
@FTC
just secured its first-ever ban on the use and sale of sensitive location data.
Data broker X-Mode sold data tracking people's visits to health clinics, shelters, places of worshipโall without consent.
The agency's efforts to fight for our privacy are critical.
Turned on the radio and now riveted listening to my old friend
@DavidPepper
being clear and brilliant with Jane Mayer on 2010, Ohio, gerrymandering and the unaccountable Ohio legislature. Must read his book Laboratories of Democracy.
If anything, the Propublica piece undercounted Singer's interest before the Court--every SuperPAC case is a Singer case, too. And that's no secret to anyone in DC.
One report concluded that in the second quarter of 2021, right in the middle of the pandemic, the share of GDP composed of profits for all United States corporations was the second highest on record since 1960.
๐จSCOOP: Dem
@SenatorShaheen
quietly advanced a bill gutting antitrust regulatorsโ budget โ which helps her top donors at finance, health care & weapons companies facing antitrust scrutiny.
Shaheen added the bill to the new must-pass spending measure.
Judicial supremacy was always a dangerous and fragile bet, and I don't blame the Marshall Court, etc for using the power it had in serious and moral ways, but I do blame the left for putting serious trust in it as a keeper of our rights.
Horrifying details are emerging about the tornado disaster at Amazon's warehouse in Illinois, where at least 6 workers were killed on the job.
Before he died, Larry Virden reportedly texted his girlfriend: "Amazon wonโt let us leave." He leaves behind four children.
Two Netanyahu ministers this morning, at roughly the same time, push the same messaging in favor of the ethnic cleansing of Gaza: one because it's a "humanitarian solution supported by the public" ๐คข and the other because "f*ck you America, we do whatever we want".
This onceโฆ
Governor Hochul has had a noncompete bill on her desk for five months.
It's popular, good for workers who need to be free to move on, its critical for women, its good for innovation, its good for economic flourishing, what's a good reason not to sign it?
Who likes noncompetes?
Anthony Sims has been incarcerated in a New York state prison for over 23 years for a murder he very likely did not commit. The evidence strongly points to another man. The Brooklyn DA should move to vacate his conviction.
via
@NYLawJournal
I love this article because it actually gets how Lina is one of the best listeners in government, not pose listening, open learning, โdisplaying a level of engagement and curiosity not typically seen on the Washington conference circuitโ
via
@politico
In 2020, I wrote a blueprint for a Biden trust-busting Presidency. The FTC and DOJ have surpassed expectations. But the linchpin, the key first move, the path laid out by
@sandeepvaheesan
--banning the scourge of noncompetes--that is happening today.
These numbers are mind-blowing, and point to a top-heavy, broken system-- big corporate price gouging cannot be the business model for a healthy economy.
NEW: Corporate profits drove 53% of inflation during the 2nd and 3rd quarters of 2023. Corporations line their pockets while consumers pay the price.
Why? Because they can.
Quick thread on our new report. 1/6
Google allegedly misled publishers and advertisers for years about the pricing and processes of its ad auctions, creating secret programs that deflated sales for some companies while increasing prices for buyers, a newly unredacted complaint says
The DOJโs incredible record of trustbusting has seriously annoyed the profiteers and they just lost 20% of their funding in a buried provision in the omnibus.
Refund the DOJ on March 22! This is existential for fighting corporate concentration
On Monday, a court sided with the FTCs effort to stop Facebook from profiting of off children.
Facebook responded by filing a claim to declare the FTC unconstitutional.
They donโt want any barrier to the exploitation of children and the FTC is putting up that barrier.
My husband teaches high school physics in NYC. THIS--25 students, not 34 in each class--is what he wants most in the world in order to have the chance to teach each student.
As you may know, Iโm working for the
@NewYorkStateAG
. These facts come from our recent Price Gouging Advanced Notice of Proposed Rulemaking, and we are asking for your comments by APRIL 22nd. Here are some of the questions we want your feedback on:
.
@chrislhayes
Power is very bad for empathy, perceptiveness, ability to read other people and both perceive and care about pain. I think Isocrates might have been on to something.
ten years ago today Aaron Swartz was driven to suicide after being hounded by the state for making scientific knowledge accessible to all, and devoting his life to the cause of internet freedom from corporate domination
Okay so something amazing is happening.
San Jose just passed legislation that will prohibit corporations from spending money in San Joseโs elections if they are foreign-influenced.
That's three cities, after Seattle and Minneapolis.
I am honored by the trust placed in me, motivated by the challenge in front of us, and ready to work togetherโto make our communities safer, our city more just, and to deliver one standard of justice for all.
#JusticeCantWait
@Sifill_LDF
In 2014 when I was talking about the need for court packing it was still seen as a little out there, provocative not serious--and this was AFTER Citizens United and Shelby County.
"One result of today's decision is certain: the curtailment of women's rights and of their status as free and equal citizens. The Constitution will, [the] majority holds, provide no shield despite its guarantees of liberty and equality for all."
My whole body joins this dissent.
Supreme Court Justice Samuel Alito took a luxury fishing trip to Alaska with billionaire Paul Singer, whose hedge fund then had repeated business before SCOTUS over the years that followed.
Alito never disclosed the trip or recused himself from Singer's cases. (THREAD)
BTW I signed the Harpers letter.
My views on speech principles are clear; slow down on judgment, be expansive even if it is very offensive, and understand that resulting debate is going to be horrible sometimes.
Powerless voices will always be shut out in any other model.
Surveillance wages, long suspected, are now officially here. Wrote about this in 2022 for the Nation, and now Uber is just saying yes, we pay as little as we can based on the data profile of the driver.
Uber pays drivers according to what they believe our lowest pay point is, driving our wages lower & lower. This is exactly why uber is claiming profits for the first year..& why drivers around the country are striking 2/14.
@_drivers_united
#strikeuberlyft
Look,
@JonHaidt
and I do not have the same politics on many things, but I cannot think of a more important article for everyone to read. Please take the time to read the whole thing. It is thorough, damning, and absolutely critical. For basic health, democracy, joy, solidarity!
A sweeping history of what smartphones and social media are doing to peopleโespecially kids. An absolute must-read from
@JonHaidt
, in defense of childhood:
Dear
@GovKathyHochul
: clemency power is one of the great constitutional and moral powers of being governor. It represents courage, and as you know, there is no justice without grace. Please use your powers to grant clemencies this week.
#ClemencyNow
2021 is coming to a close and
@GovKathyHochul
has yet to grant any clemencies to incarcerated people. Join us during the last week of the year to urge her to reunite families, save lives, and grant
#ClemencyNow
.
Take action
#HochulBringThemHome
: