In Redress: What is the problem?, Alex Joel and I highlighted the issues under the U.S. Constitution associated with meeting the EU’s “independence” and “binding authority” requirements for redress. The Supreme Court, in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020), was confronted with determining the constitutionality of the for-cause … Continue reading Are Inferior Officers a Superior Solution to the EU Independence Challenge?
The Path to Redress
As we pointed out in September of last year, redress is a major sticking point in efforts to preserve transatlantic data flows in the wake of the Schrems II ruling by the Court of Justice of the European Union (CJEU). For a country with a well-earned reputation for litigiousness, it may surprise people to learn … Continue reading The Path to Redress