Notes on the Harvard / UNC decisions

     Yesterday’s affirmative action decisions were long (237 pages) and extensively critiqued by others. So I’ll try to keep this short.      Here is the bottom line: Technically, Chief Justice Roberts does not quite overrule Grutter (although Justice Thomas can’t...
On Twitter

On Twitter

I have loved Twitter over the last 13 (!) years. Maybe too much. I have loved the organic and idiosyncratic communities; the real-time reporting; the ability to reconnect with far-flung friends with shared interests; the memes and humor; and — yes, I confess — even...
In a Pandemic, We Need Public Broadband

In a Pandemic, We Need Public Broadband

In the last two months, billions of people have started working and educating their kids from home, underscoring the necessity of fast, at-home Internet (“broadband”). Yet in the United States, one in four households has no broadband at home. And those who can pay for...

Law in a time of coronavirus

This has been a scary week, as we all scramble to stock our pantries, keep our families safe, and figure out what comes next. As everyone continues to grapple with the growing COVID-19 crisis, it is worth keeping an eye out for some of the legal issues that are likely...
Launching a CBDC practice

Launching a CBDC practice

Before Central Bank Digital Currencies (CBDCs) became headline news, we at Schnapper-Casteras PLLC were researching and publishing about them, and conferring with CBDC stakeholders: at central banks in the United States and abroad, on the Hill, with securities and...

Fair Use for Artists

Fair use has long been essential to artistic expression. That is a core theme of a brief we filed today on behalf of The Robert Rauschenberg Foundation and the The Andy Warhol Foundation for the Visual Arts in Google v. Oracle. The litigation, which is hailed as the...
Developing Digital Dollars

Developing Digital Dollars

Yesterday, several current and former U.S. officials announced support for a digital version of the U.S. dollar. The prior CFTC Chairman and CIO, J. Christopher Giancarlo and Daniel Gorfine, penned an oped in the Wall Street Journal advocating for a...
The Rise of Digital Cash

The Rise of Digital Cash

By Misha Guttentag and JP Schnapper-Casteras What if spending money in the real world was as inconvenient and invasive as spending money online? Imagine a customer at the register of a local corner store: Customer: I’d like to buy this $1 water. Merchant: OK, I...