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The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
(Iowa Law Review, 2015)
It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the ...
Adversarial Economics in Antitrust Litigation: Losing Academic Consensus in The Battle of The Experts
(Northwestern University Law Review, 2012)
The adversarial presentation of expert scientific evidence tends to obscure academic consensus. In the context of litigation, small, marginal disagreements can be made to seem important and settled issues can be made to ...
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 ...