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The Potential Impact of Proposed Changes to Section 230 on Speech and Innovation
September 1, 2021
Section 230, a law that establishes critical liability protection for a range of online services that carry users’ content, has faced an increasing amount of criticism across the political spectrum. Users may be aware of Section 230 as a result of conversations around decisions made by . . . .
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A Theory of Antitrust Limits
Like all laws, antitrust laws work within limits. The limits of antitrust laws are defined by statutory legislation, judicial practice, and prosecutorial discretion. Today, the limits of antitrust face criticism. Loud voices argue that the current limits are too strict. They contend . . .
Antitrust Dystopia and Antitrust Nostalgia: Alarmist Theories of Harm in Digital Markets and Their Origins
The dystopian novel is a powerful literary genre. It has given us such masterpieces as Nineteen Eighty-Four, Brave New World, Fahrenheit 451, and Animal Farm. Though these novels often shed light on some of the risks that contemporary society faces and the zeitgeist of the time . . .
The Alston Case: Why the NCAA Did Not Deserve Antitrust Immunity and Did Not Succeed Under a Rule-of-Reason Analysis
Fall Saturdays and college football. The March Madness basketball tournament. The NCAA plays an important role in many Americans’ lives. But for decades, the association has justified its restrictions on compensation to student-athletes on the basis of “amateurism.” Those attempts just ran . . .
The Nirvana Fallacy in "Hipster Antitrust"
The nirvana fallacy is the informal fallacy of comparing actual things with unrealistic, idealized alternatives. It can also refer to the tendency to assume there is a perfect solution to a particular problem. A closely related concept is the “perfect solution fallacy.” . . .