Disaggregating the Policing Function
Policing imposes serious and extensive harms, from shootings and nonlethal uses of force, to stops, searches, arrests, and incarceration. And… Continue reading →
Article
-
-
Veil Peeking: The Corporation as a Nexus for Regulation
Legal and economic scholarship views the provision of asset partitioning (the separation between the assets of the corporation and its… Continue reading →
-
Retributive Expungement
Expungement relief was introduced in the mid-twentieth century to reward and incentivize rehabilitation for arrestees and ex-offenders and to protect… Continue reading →
-
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 →
-
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 →
-
Heir Hunting
For more than 150 years, companies called “heir hunters” have operated in the shadows of the court system. Heir hunters… Continue reading →
-
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 →
-
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 →
-
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 →
-
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 →