Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 3

UK Constitutional Law Association

Robert CraigDay 3 started at 10.30am on 18 October 2016. James Eadie QC continued his submissions followed by Jason Coppel QC for the Government. Lord Pannick then replied followed by Dominic Chambers QC, Helen Mountfield QC, Patrick Green QC and Manjit Gill QC. Mr Coppel QC then briefly replied to the replies. The court rose at 3.40pm and reserved judgment to a future date but in any event ‘as soon as possible’.  A link to the complete transcript of Day 3’s proceedings is here.

James Eadie QC (‘JE’)

JE continued his submissions from yesterday. He said that he would spend his allotted time on the issue raised by the Lord Chief Justice (‘LCJ’) yesterday which was how the process of parliamentary supervision would work. He said he would then hand over to Mr Coppel. JE asserted that there would be ‘considerable further Parliamentary involvement in the future. (p 2). He…

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Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)

Truth on the Market

In a September 20 speech at the high profile Georgetown Global Antitrust Enforcement Symposium, Acting Assistant Attorney General Renata Hesse sent the wrong signals to the business community and to foreign enforcers (see here) regarding U.S. antitrust policy.  Admittedly, a substantial part of her speech was a summary of existing U.S. antitrust doctrine.  In certain other key respects, however, Ms. Hesse’s remarks could be read as a rejection of the mainstream American understanding (and the accepted approach endorsed by the International Competition Network) that promoting economic efficiency and consumer welfare are the antitrust lodestar, and that non-economic considerations should not be part of antitrust analysis.  Because foreign lawyers, practitioners, and enforcement officials were present, Ms. Hesse’s statement not only could be cited against U.S. interests in foreign venues, it could undermine longstanding efforts to advance international convergence toward economically sound antitrust rules.

Let’s examine some specifics.


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Bikes in China (a history)

If the bicycle is so good in city commuting, as the Greens say, why do they lose out to the car in developing countries?

Moving History

Picture from To Be or Not to Be - Revival of Bicycles in China website: Picture from To Be or Not to Be – Revival of Bicycles in China website:

A new article looks at the history of bicycles in China: “Bicycle Evolution in China: From the 1900s to the Present,” International Journal of Sustainable Transportation, Volume 8, Issue 5, 2014, by Hua Zhanga, Susan A. Shaheen & Xingpeng Chen.

The article is available for free until the end of April (or, later, through a library).

Abstract: This article examines four phases in bicycle evolution in China from initial entry and slow growth (1900s to 1978), to rapid growth (1978 to 1995), bicycle use reduction (1995 to 2002), and policy diversification (2002 to present). Two bicycle innovations, electric bikes, and public bikesharing (the shared use of a bicycle fleet), are also explored in this article. Electric bikes could provide a transitional mode on the pathway to bicycle and public transportation integration or…

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