Daniel Hanley
@danielahanley.bsky.social
Pinned
Daniel Hanley
@danielahanley.bsky.social
· Nov 14
Law and Power | Daniel Hanley | Substack
Explaining antitrust law, antimonopoly, the consequences of concentrated corporate power, and how the law distributes power in our society. Click to read Law and Power, by Daniel Hanley, a Substack pu...
danielhanley.substack.com
Hi new followers, I am a senior legal analyst at the Open Markets Institute, where I write about antitrust law and how to make our economy fairer. I occasionally write in my newsletter Law and Power on Substack. Elated to build a new community here on Bluesky. danielhanley.substack.com
Corporations want our entire society to bend to their will. Delaware gave corporations basically everything just short of complete control and has an entire legislative apparatus devoted to appeasement—and that's apparently just not enough. www.wsj.com/opinion/why-...
Opinion | Why Coinbase Is Leaving Delaware for Texas
We’re reincorporating in a state whose legal climate is far friendlier to business.
www.wsj.com
November 12, 2025 at 3:22 PM
Corporations want our entire society to bend to their will. Delaware gave corporations basically everything just short of complete control and has an entire legislative apparatus devoted to appeasement—and that's apparently just not enough. www.wsj.com/opinion/why-...
Reposted by Daniel Hanley
A govt shutdown is like a strike in the sense that before you start it you MUST have a concrete idea of what your leverage is and what will cause your opponent to fold. Ironically the Dems' strongest leverage point was probably "fucked up Thanksgiving travel" and they folded just before it came.
November 10, 2025 at 2:40 PM
A govt shutdown is like a strike in the sense that before you start it you MUST have a concrete idea of what your leverage is and what will cause your opponent to fold. Ironically the Dems' strongest leverage point was probably "fucked up Thanksgiving travel" and they folded just before it came.
Reposted by Daniel Hanley
Chuck Schumer's inability to say whether he voted for the Democratic nominee in a general election in his city is the final straw for @ryanlcooper.com.
prospect.org/2025/11/06/c...
prospect.org/2025/11/06/c...
Chuck Schumer Is Not Fit to Lead the Democratic Party - The American Prospect
The Senate leader doesn’t just betray his own party, he’s also terrible at leading it. In Trump’s second term, facing a full-on authoritarian attack on America’s democracy and constitutional structure...
prospect.org
November 6, 2025 at 2:50 PM
Chuck Schumer's inability to say whether he voted for the Democratic nominee in a general election in his city is the final straw for @ryanlcooper.com.
prospect.org/2025/11/06/c...
prospect.org/2025/11/06/c...
Reposted by Daniel Hanley
The Supreme Court once again butchers equity and the law of stays in the course of making the world a worse place. And Justice Jackson is once again there to call them out on it with an opinion that will be a must-teach in any Remedies class
www.supremecourt.gov/opinions/25p...
www.supremecourt.gov/opinions/25p...
www.supremecourt.gov
November 7, 2025 at 1:29 AM
The Supreme Court once again butchers equity and the law of stays in the course of making the world a worse place. And Justice Jackson is once again there to call them out on it with an opinion that will be a must-teach in any Remedies class
www.supremecourt.gov/opinions/25p...
www.supremecourt.gov/opinions/25p...
Reposted by Daniel Hanley
Australia has so much electricity from solar power that it is going to start offering free electricity to everyone for at least three hours during the day as the wholesale price of power goes negative
electrek.co/2025/11/04/a...
electrek.co/2025/11/04/a...
Australia has so much solar that it's offering everyone free electricity
Australia's extensive solar power penetration makes so much energy that the government wants to offer free electricity at peak hours.
electrek.co
November 6, 2025 at 4:58 AM
Australia has so much electricity from solar power that it is going to start offering free electricity to everyone for at least three hours during the day as the wholesale price of power goes negative
electrek.co/2025/11/04/a...
electrek.co/2025/11/04/a...
FYI. We don’t have to accept efficiency as a synonym for firing workers. We can block/limit job-cutting strategies and incentivize firms to pursue efficiency built on skill and human input.
November 1, 2025 at 8:18 PM
FYI. We don’t have to accept efficiency as a synonym for firing workers. We can block/limit job-cutting strategies and incentivize firms to pursue efficiency built on skill and human input.
I think the AWS outage is a warning shot. It’s clear the cloud must be regulated as a public utility and Signal must be updated to support decentralized, user-operated servers to break free from dominant cloud providers.
What do others think?
What do others think?
📣THREAD: It’s surprising to me that so many people were surprised to learn that Signal runs partly on AWS (something we can do because we use encryption to make sure no one but you–not AWS, not Signal, not anyone–can access your comms).
It’s also concerning. 1/
It’s also concerning. 1/
PSA: we're aware that Signal is down for some people. This appears to be related to a major AWS outage. Stand by.
October 28, 2025 at 11:59 PM
I think the AWS outage is a warning shot. It’s clear the cloud must be regulated as a public utility and Signal must be updated to support decentralized, user-operated servers to break free from dominant cloud providers.
What do others think?
What do others think?
Reposted by Daniel Hanley
Concerning, bc it indicates that the extent of the concentration of power in the hands of a few hyperscalers is way less widely understood than I’d assumed. Which bodes poorly for our ability to craft reality-based strategies capable of contesting this concentration & solving the real problem. 2/
October 27, 2025 at 10:38 AM
Concerning, bc it indicates that the extent of the concentration of power in the hands of a few hyperscalers is way less widely understood than I’d assumed. Which bodes poorly for our ability to craft reality-based strategies capable of contesting this concentration & solving the real problem. 2/
Reposted by Daniel Hanley
📣THREAD: It’s surprising to me that so many people were surprised to learn that Signal runs partly on AWS (something we can do because we use encryption to make sure no one but you–not AWS, not Signal, not anyone–can access your comms).
It’s also concerning. 1/
It’s also concerning. 1/
PSA: we're aware that Signal is down for some people. This appears to be related to a major AWS outage. Stand by.
October 27, 2025 at 10:38 AM
📣THREAD: It’s surprising to me that so many people were surprised to learn that Signal runs partly on AWS (something we can do because we use encryption to make sure no one but you–not AWS, not Signal, not anyone–can access your comms).
It’s also concerning. 1/
It’s also concerning. 1/
Reminder: SCOTUS asked the Solicitor General for their input on the Duke Energy Carolinas lawsuit—a incredibly important case that could kneecap yet another aspect of Section 2.
www.scotusblog.com/cases/case-f...
www.scotusblog.com/cases/case-f...
Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC
www.scotusblog.com
October 28, 2025 at 12:56 PM
Reminder: SCOTUS asked the Solicitor General for their input on the Duke Energy Carolinas lawsuit—a incredibly important case that could kneecap yet another aspect of Section 2.
www.scotusblog.com/cases/case-f...
www.scotusblog.com/cases/case-f...
Reposted by Daniel Hanley
There's been endless talk about an AI bubble, but less about exactly how, why, and how much it's a bubble. So I turned to the framework put forward by scholars Brent Goldfarb and David A. Kirsch, authors of "Bubbles and Crashes," for assessing tech bubbles.
Spoiler: On a scale of 1 to 8, AI is an 8
Spoiler: On a scale of 1 to 8, AI is an 8
AI Is the Bubble to Burst Them All
I talked to the scholars who literally wrote the book on tech bubbles—and applied their test.
www.wired.com
October 27, 2025 at 8:58 PM
There's been endless talk about an AI bubble, but less about exactly how, why, and how much it's a bubble. So I turned to the framework put forward by scholars Brent Goldfarb and David A. Kirsch, authors of "Bubbles and Crashes," for assessing tech bubbles.
Spoiler: On a scale of 1 to 8, AI is an 8
Spoiler: On a scale of 1 to 8, AI is an 8
I cannot think of a more perfect moment for Linux and Apple than right now. Software developers should use Microsoft’s purposeful abandonment of Windows 10 (and the hundreds of millions of PCs that still run it) to free themselves from the company’s control. www.tomshardware.com/software/ope...
Microsoft's decision to axe Windows 10 is driving Apple PC sales growth — users buy Macs instead of AI PCs despite Microsoft’s push for Copilot+ PCs | Tom's Hardware
Frustrated Windows 10 users are jumping ship to macOS.
www.tomshardware.com
October 27, 2025 at 9:46 PM
I cannot think of a more perfect moment for Linux and Apple than right now. Software developers should use Microsoft’s purposeful abandonment of Windows 10 (and the hundreds of millions of PCs that still run it) to free themselves from the company’s control. www.tomshardware.com/software/ope...
Reposted by Daniel Hanley
Many excellent amicus briefs in the Scotus tariff cases. Do they attest to the belief the system still works - or is it because no matter how small the hope scotus will do the right thing it’s still hope? Let me highlight some
October 26, 2025 at 7:30 AM
Many excellent amicus briefs in the Scotus tariff cases. Do they attest to the belief the system still works - or is it because no matter how small the hope scotus will do the right thing it’s still hope? Let me highlight some
Reposted by Daniel Hanley
The bottom line is that judge-dominated constitutionalism, as the anti-Federalists predicted it would, has eaten democracy. I wrote about how the anti-Federalists saw this all coming and warned us. /end www.alternet.org/2021/05/flaw...
These key defects in the Constitution threaten democracy — because we ignored the warnings
To the extent that Americans are aware of them at all, the Anti-Federalists are remembered as a band of vaguely disreputable second-raters who failed to prevent the 1788 ratification of the US Constit...
www.alternet.org
October 24, 2025 at 5:39 PM
The bottom line is that judge-dominated constitutionalism, as the anti-Federalists predicted it would, has eaten democracy. I wrote about how the anti-Federalists saw this all coming and warned us. /end www.alternet.org/2021/05/flaw...
Reposted by Daniel Hanley
I'd like to suggest that she reconsider. Harris's brand of substance-free centrist bullshit is *exactly* the wrong fit for the moment. And hopefully for every moment going forward. www.nytimes.com/2025/10/25/u...
Kamala Harris Suggests She Is Considering Another Presidential Run
www.nytimes.com
October 25, 2025 at 7:27 PM
I'd like to suggest that she reconsider. Harris's brand of substance-free centrist bullshit is *exactly* the wrong fit for the moment. And hopefully for every moment going forward. www.nytimes.com/2025/10/25/u...
Reposted by Daniel Hanley
“Half of the 136 newspaper closures in America over the past 14 months have been from independent, for-profit newspaper chains that own five or fewer for-profit papers,"
Full story: www.axios.com/2025/10/21/l...
Full story: www.axios.com/2025/10/21/l...
Independent newspapers disappear as private investment firms take over
Independent newspapers are more likely to represent rural communities that are at greater risk of becoming "news deserts."
www.axios.com
October 22, 2025 at 8:39 PM
“Half of the 136 newspaper closures in America over the past 14 months have been from independent, for-profit newspaper chains that own five or fewer for-profit papers,"
Full story: www.axios.com/2025/10/21/l...
Full story: www.axios.com/2025/10/21/l...
Reposted by Daniel Hanley
Excited to share my new @openmarkets.bsky.social expert brief: “The Enduring Force of the Federal Antitrust Laws.”
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
October 22, 2025 at 1:24 PM
Excited to share my new @openmarkets.bsky.social expert brief: “The Enduring Force of the Federal Antitrust Laws.”
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
Reposted by Daniel Hanley
NEW today: Daniel Hanley's very compelling brief on how antitrust laws are some of the best tools we have to reduce prices, lower rents, boost wages, expand consumer choice, and help small businesses. www.openmarketsinstitute.org/publications...
October 22, 2025 at 2:12 PM
NEW today: Daniel Hanley's very compelling brief on how antitrust laws are some of the best tools we have to reduce prices, lower rents, boost wages, expand consumer choice, and help small businesses. www.openmarketsinstitute.org/publications...
Excited to share my new @openmarkets.bsky.social expert brief: “The Enduring Force of the Federal Antitrust Laws.”
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
October 22, 2025 at 1:24 PM
Excited to share my new @openmarkets.bsky.social expert brief: “The Enduring Force of the Federal Antitrust Laws.”
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
As I detail in this new paper, despite decades of judicial retreat, the federal antitrust laws remain powerful tools to fight monopoly power and corporate domination.
Reposted by Daniel Hanley
I used to focus on left versus right. Now I’m much more worried about the money at the top. But while it might seem strange to say it, I think this is a hopeful way of looking at the world that opens the door to coalitions that seemed impossible before. My first for the @newrepublic.com:
October 15, 2025 at 2:19 PM
I used to focus on left versus right. Now I’m much more worried about the money at the top. But while it might seem strange to say it, I think this is a hopeful way of looking at the world that opens the door to coalitions that seemed impossible before. My first for the @newrepublic.com:
In an interview with PBS marketing his new book, former Justice Anthony Kennedy expresses no remorse about his Citizens United decision and instead "hopes" voters take into consideration which candidates are receiving lots of money. 🤬
youtu.be/jMneFUWkWJI?...
youtu.be/jMneFUWkWJI?...
Former Justice Anthony Kennedy on political division and the state of the Supreme Court
YouTube video by PBS NewsHour
youtu.be
October 14, 2025 at 11:46 PM
In an interview with PBS marketing his new book, former Justice Anthony Kennedy expresses no remorse about his Citizens United decision and instead "hopes" voters take into consideration which candidates are receiving lots of money. 🤬
youtu.be/jMneFUWkWJI?...
youtu.be/jMneFUWkWJI?...
Reposted by Daniel Hanley
Read our response:
October 10, 2025 at 3:33 PM
Read our response:
Reposted by Daniel Hanley
This actually is important. The (modified) per se rule on tying does constrain Big Tech behavior to some non-trivial degree. No accident Microsoft filed an amicus brief for defendants (whose petition failed)
Finally, a decent decision from the Supreme Court. Today, the Court denied a petition to get rid of the per se rule on tying. This is incredibly important (E.g., Google ad tech district court decision!). www.supremecourt.gov/search.aspx?...
Search
www.supremecourt.gov
October 7, 2025 at 7:38 PM
This actually is important. The (modified) per se rule on tying does constrain Big Tech behavior to some non-trivial degree. No accident Microsoft filed an amicus brief for defendants (whose petition failed)
Reposted by Daniel Hanley
CA just banned price fixing via algorithm across the economy!
As corporations weaponize this technology to rip off consumers and hurt competition it's great to see @governor.ca.gov sign AB 325 to stop this practice!
Here's our own Lee Hepner testifying in support of the bill earlier this year👇
As corporations weaponize this technology to rip off consumers and hurt competition it's great to see @governor.ca.gov sign AB 325 to stop this practice!
Here's our own Lee Hepner testifying in support of the bill earlier this year👇
October 7, 2025 at 3:52 PM
CA just banned price fixing via algorithm across the economy!
As corporations weaponize this technology to rip off consumers and hurt competition it's great to see @governor.ca.gov sign AB 325 to stop this practice!
Here's our own Lee Hepner testifying in support of the bill earlier this year👇
As corporations weaponize this technology to rip off consumers and hurt competition it's great to see @governor.ca.gov sign AB 325 to stop this practice!
Here's our own Lee Hepner testifying in support of the bill earlier this year👇
Reposted by Daniel Hanley
Harold Meyerson sat in on a court case in LA which made clear that Amazon controls every aspect of the work experience of delivery driver "contractors" while claiming they are not a joint employer. It would be devastating in a world with actually functioning labor law.
Breaking: Amazon Actually Employs Its Delivery Drivers
While Trump, Elon Musk, and Jeff Bezos seek to nullify worker rights, a Los Angeles court last week forced Bezos’s company to document the truth.
prospect.org
October 6, 2025 at 4:05 PM
Harold Meyerson sat in on a court case in LA which made clear that Amazon controls every aspect of the work experience of delivery driver "contractors" while claiming they are not a joint employer. It would be devastating in a world with actually functioning labor law.