Tom (Crusher) Flesher

In the “irresistible force meets immovable object” department, conference edition: I feel like I should bring my packable blazer because it’s packable, but I only wear blue shirts and grey pants to conferences to simplify packing. #professorproblems

New paper alert: this one builds on my legal research on price-fixing in the canned tuna market to help students learn how market concentration affects consumers. It’s a fun lesson. #econed #teachecon

journalofeconomicsteaching.org/somethings-f...

The worst thing about wearing glasses is that they make it impossible to securely stash chalk behind your ear. #professorproblems

My favorite of these involves multiplying both sides by the denominator and saying “just yeet that gyaat”

Kraft Heinz to split a decade after megafood merger Kraft Heinz is splitting into two companies a decade after they joined in a massive merger. One of the companies will include shelf stable meals and include brands such as

This decision was justified under the FTC’s “c’mon” standard. www.ottumwacourier.com/news/nationa...

Coming this fall to Touro Law: #CrushYourMidterms, featuring some jerk. #LEAP #touro #flexjd

This was a shock. I’m grateful and touched that someone saw the criteria for these three awards and thought of me. Touro Law Center and Touro Law Review are very special places and it’s overwhelming that someone thinks I’m helping make that happen.

Happy to see my paper featured as the Paper of the Day at Touro Law’s Digital Commons! digitalcommons.tourolaw.edu/lawreview/vo...

And yeah, the epigraph is Homer Simpson. Why isn’t your epigraph Homer Simpson?

In one case, 10% was looked at with a critical eye. In the end, the #SCOTUS denied cert on this one so we’ll have to wait for another outrageous misapplication of statistics in the Circuit Courts of Appeals to resolve the #circuitsplit.

According to one model, up to ONE THIRD of class members suffered no injury at all. Most other circuits that have weighed in use a de minimis rule - they will certify a class only if the number of uninjured class members is so small that it doesn’t matter. Clearly 1/3 is above this threshold -

The executives of the three major tuna brands agreed to fix prices, squeezing grocery stores (which passed some of the costs on to customers) and institutional purchasers like hospitals and prisons. However, dueling statistical models left the court facing an unsettling possibility:

Do we do #thrilledposting here? If so, I’m thrilled that my student note has been published! It’s about issues with statistical evidence, specifically the use of regression models in class action cases.

digitalcommons.tourolaw.edu/cgi/viewcont...

“"The county tax collector’s office announced on Monday that it had “uncovered a network of appointment scalpers” benefiting from access to motor vehicles offices by “hoarding free appointments and reselling them for a profit.””

The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. … [Its] provisions are universal in their application, to all persons within the territorial jurisdiction …"
Yick Wo, 118 U. S. at 369.

“Neither our cases nor the logic of the Fourteenth Amendment support that constricting construction of the phrase "within its jurisdiction."” Plyler v. Doe, 457 US 202, 211 (1982).

“[E]very single Supreme Court decision considering the issue found all persons born in the United States are in fact U.S. citizens.”

This short piece by Ediberto Roman, Professor of Law and the Director of Immigration and Citizenship Initiatives at Florida International University, clearly and concisely lays out the Supreme Court’s reasoning about birthright citizenship:

www.yalejreg.com/nc/trump-is-...

#irac Workshop - IRAC&Roll at Touro Law Center today, 12:40 Eastern! DM for zoom link or just pop in.

The most effective way to write #econed articles is to have a #lawreview deadline approaching.

In the #LEAP office at Touro Law today! #lawteaching #happyplace

> late evening #TargetRun to buy snacks because I have to run #TradeCreatesValue tomorrow… #teachingecon

With law review submission season starting up next week, I'll renew my plea to editors: Please don't feel you need to gas me up in rejecting my article. You didn't like it enough to publish it--and that's okay! (And I'm sorry that we've put you in this position.)

papers.ssrn.com/sol3/papers....

Yesterday was my last #firstday of law school.

I got accepted to the Eastern Economic Association conference with my paper about umpires avoiding responsibility for their decision by making more choices!

This paper, about umpires taking advantage of instant replay to gain certainty in situations where there would previously have been no call, is going to be fun to present. I’ll be presenting it at the Eastern Economic Association’s annual meeting in February.

I’ll be helping judge the Columbia University Big Apple Invitational Tournament #mocktrial competition @columbiauniversity.bsky.social today! It’s a special occasion, so I got out my Chibi Godzilla lapel pin. #CUBAIT

Fellow #LongIsland types, please join my strongman group rucking 5k. Carry as much or as little as you want, and the course is a loop so you can add or drop weight midway. #punkrockrun PunkRockRun.org