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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 ...
Law and the Art of Modeling: Are Models Facts?
(Georgetown Law Journal, 2015)
In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not 'findings offact" deserving of deference on appeal. The four Justices writing in dissent disagreed, ...