D.C. Circuit Holds in Anthropic PBC v. U.S. Department of War That AI Use Limitations Are A Security Risk

The article examines the divided D.C. Circuit decision concerning Anthropic’s supply chain exclusion. It considers model-enforced use restrictions, the statutory disagreement, and the possible consequences for government technology vendors.

In Nolen v. PeopleConnect, Inc., the Ninth Circuit Lets a Classmates.com Class Sue Over Searchable Names Without Proving Anyone Searched Them

J.R. Howell examines Classmates.com class certification and the unresolved merits of the searchable-name theory. The essay considers the right of publicity and the consequences of proceeding as a class.

Two-Sided Market Structure Creates an Antitrust Blind Spot for Non-Paying Users

J.R. Howell argues that two-sided market doctrine overlooks the privacy costs of job-platform users who pay no fee. The essay examines how employer revenue and applicant data shape platform power.

Glassdoor Sells User Data to the Employers Its Reviewers Are Warning You About

J.R. Howell examines Glassdoor’s identity records and integration with Indeed. The essay argues that consent rules and merger analysis overlook the power created by retaining anonymous reviewers’ identities.

Why the Ninth Circuit’s Decision in Blue Lake Rancheria v. Kalshi, Inc. Matters More for Antitrust Than for Sports Betting

The essay examines tribal gaming rights and federal regulatory authority in the Kalshi litigation. It applies the author’s proposed domination test to argue that market power should be assessed through public accountability as well as price and output.

California’s Court of Appeal Closes the Door on Web Surveillance and Applies CIPA to the Pixel in Doe v. Adventist Health System/West

The article examines the California Court of Appeal’s application of CIPA in the Adventist pixel-tracking litigation. It distinguishes the class-certification questions from unresolved merits issues concerning the contents of patient communications.

Aftermarket Monopolization After the Ninth Circuit’s Decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc.

The article examines the Ninth Circuit’s distinction between ordinary proof of foremarket power and the Kodak and Epic factors used to establish certain aftermarket claims. It explains the procedural ruling while preserving the unresolved merits.

Amicus Support in Borenstein v. Goldshteyn Before the California Court of Appeal

What constitutional rights does a woman have in the IVF process? Read the call for amicus support, filed opening brief, court record, and authorities in Borenstein v. Goldshteyn.

The Interference Fallacy

J.R. Howell argues that antitrust, privacy, and administrative law overlook standing power. The essay proposes a shared legal test for domination grounded in republican liberty.

California's COMPETE Act and the Recovery of the Antitrust Tradition

This July 2026 essay examines California’s proposed COMPETE Act and its relationship to the antitrust tradition. J.R. Howell argues for antitrust rules that reach single-firm conduct.