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The New Antitrust Federalism
(Virginia Law Review, 2016-10)
"Antitrust federalism, " or the rule that state regulation is not subject to federal antitrust law, does as much as-and perhaps more than-its constitutional cousin to insulate state regulation from wholesale invalidation ...
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 ...
Foxes at the Henhouse: Occupational Licensing Boards Up Close
(California Law Review, 2017)
The dark side of occupational licensing-its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing workers out of the workforce-has ...