Ganesh Sitaraman Profile picture
Jul 29, 2020 7 tweets 3 min read Read on X
With the #BigTechHearing getting underway, a couple thoughts about what it means to #breakupbigtech and some prebuttals on a couple counter-arguments. 1/7
1st, proponents of breaking up big tech are focused on unwinding mergers and separating tech platforms from commercial activity that works across the platform. My take on how to do it. 2/7
greatdemocracyinitiative.org/document/regul…
There is a long tradition of separation along these lines in American regulatory practice, as @linamkhan has shown. 3/7
columbialawreview.org/content/the-se…
And, as @ksabeelrahman has argued, it is possible to apply public utility-style regulations to platforms. 4/7
cardozolawreview.com/wp-content/upl…
2nd, we’re might hear how economic competition with China is a reason not to apply antitrust principles. But be wary of this argument. There’s a national security case for breaking up big tech too. 5/7
foreignaffairs.com/articles/2020-…
3rd, enforcing antitrust doesn’t need to mean less R&D and innovation in AI. We could, e.g., have more public investment. 6/7 nytimes.com/2019/11/10/opi…
Finally, if you’re looking for a good overview of the history of antitrust, read @superwuster’s terrific book, The Curse of Bigness. 7/7
globalreports.columbia.edu/books/the-curs…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Ganesh Sitaraman

Ganesh Sitaraman Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @GaneshSitaraman

Oct 26, 2020
If, for whatever reason, you find yourself thinking about reforming the Supreme Court today…here is my series outlining the options and their pros and cons.

A THREAD OF THREADS!

Class 1: Court expansion:
Read 8 tweets
Oct 7, 2020
SUPREME COURT REFORM 101: Class 8, The BIG reveal – I said at the start that the goal of this series was to help answer the question, what is the best Supreme Court reform? And we’ve now discussed a bunch of proposals. 1/
We’ve looked at pros/cons/constitutionality of court expansion, term limits, the balanced bench, the lottery court, supermajority requirements, jurisdiction stripping & legislative overrides. Whew! 2/
As you’ve noticed, these reforms aim to solve different problems and achieve different goals: power for D’s, regularize appointments, make appointments less important, ensure partisan balance, expand diversity of judges, rebalance power toward Congress. 3/
Read 8 tweets
Oct 6, 2020
SUPREME COURT REFORM 101: Class 7, Congress Strikes Back. Let’s talk about legislative overrides. “How can the legislature override the Court,” you ask? After all, we think the job of a Supreme Court is to “say what the law is!” 1/
But it’s possible. In Canada, the legislature can re-enact a law after it gets struck down & it’ll go into effect “notwithstanding” the Court decision. We don’t have a provision like that in the U.S., but that doesn’t mean Congress can’t sometimes review the Courts. 1/
Many Scotus cases interpret statutes. Congress can always rewrite a statute, even after Scotus interprets one. One thing we could do is pass a Congressional Review Act (CRA) for the Court. @TheAtlantic 3/ theatlantic.com/ideas/archive/…
Read 8 tweets
Oct 5, 2020
SUPREME COURT REFORM 101: Day 6, jurisdiction stripping. Most recently pushed forward by @samuelmoyn @rddoerfler 1/ papers.ssrn.com/sol3/papers.cf…
Idea is that Congress can bar the Court from hearing cases on certain laws. This would prevent Court from striking down fed statutes 2/
Biggest pro for this reform, say advocates, is that it’s pro-democracy. Why should Courts make so many decisions? If you want to change policy, win elections and fight to get them through Congress. Don’t run to unelected judges. 3/
Read 10 tweets
Oct 2, 2020
SUPREME COURT REFORM 101: Class 5, supermajority voting requirements. The idea is that Congress could say that for Scotus to strike down a fed law, there needs to be 6, 7, or 8 votes out of 9, not just majority rule. 1/
Pros: shifts power from Court to political branches. If 7-2 decision to strike statute, then must be *really* clear it was unconstitutional. If 5-4, then fight your battle through normal politics. @samuelmoyn @rddoerfler 2/ papers.ssrn.com/sol3/papers.cf…
Goal for advocates isn’t ideology so much as de-centering Scotus from policy decisions. Many things are highly contested & there’s “reasonable doubt” on unconstitutionality. They should be addressed via ordinary politics, not by unelected judges. 3/
Read 9 tweets
Oct 1, 2020
SUPREME COURT REFORM 101: Class 4, Should Scotus feel the Bern?? The lottery or panel approach, mentioned by @BernieSanders during the campaign last year. @Robillard 1/ huffpost.com/entry/bernie-s…
The basics: all judges on the fed. courts of appeals would be appointed assoc. justices. The 180+ Supreme Court would hear cases in panels of 9, randomly picked. They’d go to DC for 2 weeks of oral arguments, then write decisions from home. Cc @danepps 2/ papers.ssrn.com/sol3/papers.cf…
To prevent legal swings/uncertainty from panel composition, there’d be a supermajority requirement to overturn federal statutes, and no more than 5 on any panel could have been appointed by a president of a single party. 3/
Read 12 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(