The Misunderstood Eleventh Amendment
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the… Continue reading →
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Supreme Stalemates: Chalices, Jack-O’-Lanterns, and Other State High Court Tiebreakers
High courts + high stakes = high drama. But not always. As the Supreme Court’s 2015 Term showed, some bombshell… Continue reading →
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Heir Hunting
For more than 150 years, companies called “heir hunters” have operated in the shadows of the court system. Heir hunters… Continue reading →
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The Trump Administration: Immigration, Racism, and COVID-19
Two of the most important issues defining the Trump Administration were the President’s response to the COVID-19 pandemic and the… Continue reading →
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The Post-Chicago Antitrust Revolution: A Retrospective
A symposium examining the contributions of the post-Chicago School provides an appropriate opportunity to offer some thoughts on both the… Continue reading →
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Probability, Presumptions and Evidentiary Burdens in Antitrust Analysis: Revitalizing the Rule of Reason for Exclusionary Conduct
The conservative critique of antitrust law has been highly influential. It has facilitated a transformation of antitrust standards of conduct… Continue reading →
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Competition Law as Common Law: American Express and the Evolution of Antitrust
We explore the implications of the widely accepted understanding that competition law is common—or “judge-made”—law. Specifically, we ask how the… Continue reading →
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The Role of Antitrust in Preventing Patent Holdup
Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested… Continue reading →
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Oligopoly Coordination, Economic Analysis, and the Prophylactic Role of Horizontal Merger Enforcement
For decades, the major United States airlines have raised passenger fares through coordinated fare-setting when their route networks overlap, according… Continue reading →
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The Dichotomous Treatment of Efficiencies in Horizontal Mergers: Too Much? Too Little? Getting it Right
The extent to which horizontal mergers deliver competitive benefits that offset any potential for competitive harm is a critical issue… Continue reading →