Comments on Federal Trade Commission Non-compete Ban Proposed Rule, Matter No. P201200

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition. This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment; III. Non-Compete Clauses Are Unfair Methods of Competition; IV. Non-Compete Clauses Negatively Impact Workers and Their Families; V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executives Our comments were publicly submitted electronically with the FTC on April 18, 2023

A Critical Jeffersonian Mind For a Community Reinvestment Bind

The Community Reinvestment Act of 1977 ( CRA ) primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers how a different pedagogical approach in law schools could better equip legal thinkers to address racial economic harms. Coupling critical legal studies with a Jeffersonian approach to legal education would foster more ambitious remedies. Those remedies would be better informed regarding the power structures and human costs at play. A Critical Jeffersonian mind would be poised to not only know what the law is, but prepared to determine what the law should be. Using the CRA as an example, the essay provides a glimpse into how to better tackle historical harms

Comment Re: Non-Compete Clause Rulemaking, Matter No. P201200

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition. This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment; III. Non-Compete Clauses Are Unfair Methods of Competition; IV. Non-Compete Clauses Negatively Impact Workers and Their Families; V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executive

A Critical Jeffersonian Mind For a Community Reinvestment Bind

The Community Reinvestment Act of 1977 ( CRA ) primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers how a different pedagogical approach in law schools could better equip legal thinkers to address racial economic harms. Coupling critical legal studies with a Jeffersonian approach to legal education would foster more ambitious remedies. Those remedies would be better informed regarding the power structures and human costs at play. A Critical Jeffersonian mind would be poised to not only know what the law is, but prepared to determine what the law should be. Using the CRA as an example, the essay provides a glimpse into how to better tackle historical harms

Comments on Federal Trade Commission Non-compete Ban Proposed Rule, Matter No. P201200

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition. This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment; III. Non-Compete Clauses Are Unfair Methods of Competition; IV. Non-Compete Clauses Negatively Impact Workers and Their Families; V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executives Our comments were publicly submitted electronically with the FTC on April 18, 2023

Comment Re: Non-Compete Clause Rulemaking, Matter No. P201200

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition. This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment; III. Non-Compete Clauses Are Unfair Methods of Competition; IV. Non-Compete Clauses Negatively Impact Workers and Their Families; V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executive