Spoke with @houstonpublicmedia.bsky.social about the Warner Bros./Netflix merger and why FTC/DoJ should block it. Thanks for having me; it was fun! www.youtube.com/live/4AXFM-C...

Amazing opportunity at ISP!

Join us for the Law and Technology Workshop, 10/3, noon ET, featuring Nick Nugent law-technology-workshop.beehiiv.com/p/law-and-te...

Thanks for having me and wonderful to see you all!

This week’s Law & Tech Talk examined “The Platform-Property Paradox.” Thank you to @nikenberger.bsky.social for a magnificent presentation!

Thanks so much for having me! Wonderful to see everyone @yaleisp.bsky.social

Excited about this!

Contributed to reporting on smart glasses by @fullofwords.bsky.social: www.eweek.com/news/halo-x-...

Contributed to reporting by @nilsdampz.bsky.social on the United States v. Google ruling. After finding last year that Google maintained an illegal monopoly, the court handed down only lukewarm remedies — a gift to Big Tech that does little to curb monopoly power.

The Court just gifted Google and Apple around 335B, relative to market expectations, in United States v. Google.

It's hard to restore competition in a market that has already been crushed -- and I suspect the judge's cautious ruling requiring the very least from Google is not going to give competitors enough of a reason to jump back in to create search products. www.nytimes.com/2025/09/02/t...

After 5 long years, a federal court found that Google had an unlawful monopoly and then did little to address it. Here’s DuckDuckGo’s statement from the other site:

This is bad. Very bad. So, even where courts find illegal monopolization, the remedies are weak. Just ask, if you were Google, would you do it all again?

Join an amazing group of scholars at UH incl. @chrismirasola.bsky.social @leahfowler.bsky.social @nikenberger.bsky.social @petersalib.bsky.social @lauraportuondo.bsky.social @jessiebregant.bsky.social @amangebru.bsky.social @dfroomkin.bsky.social and more with better things to do than Bluesky!

📢 We are hiring! Come join us at the University of Houston. - 3 entry-level tenure-track faculty members in crim; employment and labor law; and torts; - a clinical assistant/associate professor to teach lawyering skills and strategies; - a full/associate professor in health law. Qs? Reach out!

In @theatlantic.com, Asad Ramzanali and I argue why an “abundance agenda” approach hasn’t solved and won’t solve a long-held policy goal of providing affordable, high-speed internet to everyone in the United States. 1/7

First want to thank folks for a truly overwhelming and warm welcome back to social media. My aim is to provide useful info on areas of law I know well, so I very much hope I can return to academic seclusion soon.

Many thanks to @lawfaremedia.org for running my analysis on such a quick turnaround. The theory of inherent pres power invoked last night is limited. I’ll have more on the tortured history of this assertion of pres power in the days to come.

I was off social media for a few yrs, but decided that it's time to come back after last night. I'm an asst. prof. at Uni of Houston Law Center and before that was an attorney at DoD OGC, where my portfolio included domestic military deployments. This continues to be a core part of my research.

Common leadership (two firms sharing executives or board directors) contributes to collusion. Collusion probability between two firms increases by 12 percentage points after the onset of common leadership, compared to only 1.2 percent in the absence of common leaders. www.nber.org/papers/w33866

Spoke with Rachel Barber of @usatoday.com about potential tariffs on iPhones. www.usatoday.com/story/money/...

Tracey Forrest and I explain why we need three pillars for strategic innovation in quantum technology: 1) a vigorous public research ecosystem, 2) an enabling open market, and 3) appropriate regulation at the deployment level. Via @justsecurity.org: www.justsecurity.org/111038/marke...

Wrote something for @justsecurity.org

Spoke with Hello Houston of @houstonpublicmedia.bsky.social about the Google #antitrust cases. If I’d known there was going to be video, I would've thrown on a shirt. www.youtube.com/watch?v=-YGw...

Spoke with @bypaigegross.bsky.social of @statesnewsroom.com about the impact of tariffs on tech. www.newsfromthestates.com/article/tech...

Spoke with Alexis Keenan about potential lawsuits aiming to enforce the TikTok ban. finance.yahoo.com/news/the-leg...

This is what I had in mind when writing Consent as Friction: ssrn.com/abstract=493.... Eventually, obtaining consent will become too burdensome for some business models' viability. www.euronews.com/my-europe/20...

This is insane, particularly the nine households www.mercurynews.com/wp-content/u...

Pleased to share that my (and Simon Goldstein's) newest article, "AI Rights for Human Safety," is forthcoming in the Virginia Law Review.

The German debt brake has been brain dead from the get-go. It took a lost decade of growth, three year war, and US withdrawal from Europe to seriously rethink it. And even that might not be enough. Center right ideology has brought Germany to the brink. verfassungsblog.de/brain-dead-d...

Published: Consent as Friction. Data consent is more than a tool to facilitate choice. It can be a source of friction--like sand in the gears of algorithmic engines--to undermine the economic viability of harmful business practices. Regulators should use it as such. papers.ssrn.com/sol3/papers....

If you haven't read @nikenberger.bsky.social's "Consent as Friction," now is your chance. Excellent read. papers.ssrn.com/sol3/papers....

It loses some pith in translation, but I think about this gem every day: SPIEGEL: Professor, two weeks ago, the world still seemed alright. ADORNO: Not to me.

Occasional reminder of differences PRE German partition. See (pdf) 👉 www.aeaweb.org/articles?id=... @lukasmergele.bsky.social @woessmann.bsky.social

Overlooked aspect of the German elections that should update everyone's perceptions of the FDP (traditionally pro-business, classic liberal party): 20% of its 2021 electorate migrated to the AfD. And that is after the FDP's embrace of Musk/Milei-light and its pivot to the manosphere.

NEW: updated long-run gap in voting between young men and women in Germany: Gender divide continues to widen, but contrary to what is often assumed, young men continue to vote roughly in line with the overall population, while young women have swung sharply left. www.ft.com/content/29fd...

Superb response by @ignaciocofone.bsky.social to comments on his book. Thanks for including me.

I wrote this bit that is entirely unrelated to current things

Does anyone know why Congress set the TikTok ban's date of entry into force as January 19?

I spoke w/@rachelbarber.bsky.social of @usatoday.com about the TikTok decision: www.usatoday.com/story/money/...

ICE technology is cooked. dead man walking www.reuters.com/business/aut...

Every. Word. www.nytimes.com/2025/01/16/o...

"Many people settle in places like Texas because housing is generally more affordable. But that affordability is a mirage: Their mortgage and insurance risks are being subsidized by everyone else." Why Are We Still Subsidizing People Moving to Disaster Zones? www.nytimes.com/2025/01/16/o...

"Inadvertently, Zuckerberg had made the strongest case possible for breaking up Meta." prospect.org/power/2025-0...

Simple heuristic: If a platform's content moderation policy makes it into a Presidential Farewell Address, the platform's too big. Published earlier today w/@fprocaccini.bsky.social.

If a platform's content moderation policy makes it into a Presidential Farewell Address, the platform is too big. Just published in @theprospect.bsky.social earlier today (w/@fprocaccini.bsky.social): prospect.org/power/2025-0...