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Deconstructing the Worldview of the Neo-Brandeisians Through Marxism and Critical Legal Studies

Christine S. Wilson & Adam S. Cella

September 1, 2022

Abstract. The Neo-Brandeisian movement seeks to unravel the bipartisan, decades-long consensus on antitrust enforcement premised on the consumer welfare standard. In recent years, seemingly disconnected developments signaled the coming attack on this consensus. A flood of changes from new FTC…

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Recent Articles

Deconstructing the Worldview of the Neo-Brandeisians Through Marxism and Critical Legal Studies
Abstract. The Neo-Brandeisian movement seeks to unravel the bipartisan, decades-long consensus on antitrust enforcement premised on the consumer welfare standard. In recent years, seemingly disconnected developments signaled the coming attack on this consensus. A flood of changes from new FTC...
Christine S. Wilson & Adam S. Cella
Vacci–Nation: A Look at Federal Authority to Mandate Vaccines
Abstract. Vaccine mandates have historically been implemented and regulated by the states, not by the federal government. Nevertheless, the federal government has “broad, flexible power” to prevent the spread of communicable disease among the states through section 361 of the Public Health...
Carly L. Hviding
“. . . No, the Other Common Law”: Antitrust as Equity Jurisprudence
Abstract. What is the legal basis for modern U.S. antitrust law? The Supreme Court has long rested its doctrinal stewardship of the Sherman Act on the notion that it is a “common-law statute,” with an implicit delegation to the Court to tinker with the metes and bounds of antitrust law as...
Alexander J. Kraszewski
Mergers and Acquisitions in the Tech Industry: Are They Different?
Abstract. This Article will compare mergers and acquisitions in the technology industry in the U.S. to mergers and acquisitions in other sectors of the U.S. economy, as well as other countries. This Article will show that the U.S. technology industry is not disproportionately prone to...
Andrea Asoni & Grace Luo

Announcements

George Mason Law Review is pleased to share that our article, SSOs, FRAND, and Antitrust: Lessons from the Economics of Incomplete Contracts, written by Professor Joshua Wright of George Mason University Antonin Scalia Law School, has been cited by the Ninth Circuit Court of Appeals in its recent opinion in FTC v. Qualcomm Inc.

• August 11, 2020

George Mason Law Review is excited to share that Supreme Court Justice Clarence Thomas cited The Jurisprudence of the Second and Fourteenth Amendments in his dissent from the denial of certiorari in Rogers v. Grewal.

• July 15, 2020