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Delay and Its Benefits for Judicial Rulemaking Under Scientific Uncertainty
(Boston College Law Review, 3/28/2014)
The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?
(University of Pennsylvania Law Review, 2014)
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational ...
Casting a FRAND Shadow: The Importance of Legally Defining "Fair and Reasonable" and How "Microsoft v. Motorola" Missed the Mark
(Texas Intellectual Property Law Journal, 2014)
High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...