In antitrust law, the per se rule against horizontal price-fixing seems set in stone. Over time, however, antitrust enforcers and courts have declined to use this rule and instead have …
Read more “Uber’s Efficiencies: A Modest Proposal for Limiting Use of Antitrust’s Per Se Rule”
Climate change will bring more extreme weather, including increased flooding and wind damage, to all stretches of the United States. These effects of climate change will cause profound consequences for …
“Sexting” is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic …
Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and …
Read more “A No-Contest Discharge for Uncollectible Student Loans”
Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to pre-serving this legally fragmented region’s public lands and wildlife in the face of mounting …
What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, …
Bob Nagel is a well-known and persistent critic of Supreme Court decision making—and in particular, the Court’s stated formulae for how those decisions are reached. Bob’s neologism, “the formulaic Constitution,” …
Read more “Bob Nagel and the Emptiness of Supreme Court Standards of Review”