Judiciary

Publications

The GOP’s Pivot Away From Fiscal Relief Hurts Millions of Americans

At every turn, the Trump administration and Republicans in Congress have bungled the coronavirus pandemic and shortchanged our recovery. For the first month after most programs created by the CARES Act - the last major stimulus bill passed by Congress back in March - expired, the GOP wasted valuable time on half-measures that could not…

Litan for RealClearPolicy, “Fixing the American Dream Machine”

Fixating on the traditional aggregate measures of the economy’s health — GDP growth, the unemployment rate, or the inflation trade — ignores not only rising income and wealth inequality, but the fact the American Dream machine has been sputtering for at least two or three decades. Stanford’s Raj Chetty and his co-authors have shown that…

A Scalpel, Not an Axe: Updating Antitrust and Data Laws to Spur Competition and Innovation

Americans justifiably have long taken great pride in the unmatched ability of the U.S. economy to enable entrepreneurs to launch and grow highly innovative companies that drive growth and advance living standards. Bold entrepreneurs and the companies they founded brought us modern communications, airplanes, automobiles, computer software and hardware, and electricity and other forms of…

Press

Biden’s commission on the judiciary must put justice over politics

Some Democrats want to seek political revenge for the Republicans’ unapologetic use of their power over the past decade to engineer a conservative judiciary. Since October, they have been calling on President Biden to expand and pack the Supreme Court and federal judiciary with liberal judges. Biden has wisely resisted these calls and is setting…

Goldberg for the Washington Examiner: “Forcing More Litigation Isn’t the Answer to Litigation Abuse”

To avoid the expense and stress of going to court, Americans are turning to arbitration to settle workplace, and other, disputes. Free enterprise depends on businesses, employees, and consumers to be able to resolve disputes quickly and fairly. Plaintiffs' lawyers, who file lawsuits for a living, are trying to convince Congress to take that option…

Press Release: Will the Senate Defend Our Constitution?

WASHINGTON—Will Marshall, President of the Progressive Policy Institute, today released the followed statement after President Trump declared a national emergency to fund the border wall: "By declaring a national emergency to build a border wall, President Trump has crossed the Rubicon. He has turned a cheap partisan stunt into a bona fide Constitutional crisis. "Congress…

Blog

Goldberg for The Hill, “The case before the Supreme Court this month that is dividing progressives”

The U.S. Supreme Court is planning to decide this month whether it will hear a case that has started a seismic shift in how local governments look to fund their efforts to address pollution and other public health risks. This case, which deals with removing lead paint from homes, may not dominate national headlines the…

Goldberg, Klasmeier Brief State Judges on Legal Shortcomings of Innovator Liability

The George Mason University’s Law & Economic Center hosted its Twelfth Annual Judicial Symposium on Civil Justice Issues on Monday, May 11, 2018. The program included many pressing topics of liability, including innovator liability against branded pharmaceutical companies, climate change tort cases against energy producers, litigation financing, and the implications of the U.S. Supreme Court’s…

Judge’s Climate Change Science Day Misses the Point

Yesterday’s science day in a federal courtroom in San Francisco underscores the problem with the recent spate of climate change tort suits.  These lawsuits, which we recently wrote about in The Hill, seek to impose massive liability against fossil fuel producers for selling energy products, including home heating fuel and gasoline for cars, that many scientists…