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Around the web, August 15



  • You probably heard that the Eleventh Circuit overturned part of PPACA. The nifty aspect of that is that, because the PPACA challengers lost on the issue of severability, they can appeal directly to the Supreme Court, forcing a cross-appeal to the Supreme Court, and ensuring that the Obama administration can't delay Supreme Court consideration past the 2012 election. The deciding vote was Clinton appointee Frank Hull. [Kerr @ Volokh; Adler @ Volokh; SCOTUSblog; Florida v. HHS; related: Richard Epstein]
  • Trask on Scruggs biography The Fall of the House of Zeus
  • California litigation lobby targets arbitration agreements in AB 1062. [BLD; ACIC]
  • The late Richard Nagareda's influence on Wal-Mart v. Dukes. [Frankel]
  • Olson on age discrimination laws. [Reason]
  • Texas bank focuses on small business loans even as economy hurts from drying up of credit in that area; naturally, federal regulators complain. Bank decides to go Galt to escape regulation and focus on its business absent FDIC insurance. [WSJ]
  • Utah trial court rejects "negligent directions" claim against Google brought by woman who walked into traffic. [Volokh]
  • How riots start, and how they can be stopped. [Glaeser]
  • Who lost the middle class? [City Journal]

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Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.